Oral evidence not to show renewal of lease or change
If someone has a written lease and stays after it ends, any deal to renew or extend that lease must also be in writing. A person cannot use spoken words or verbal agreements in court to prove the lease was renewed or that a new deal was made. The same idea applies to ending a rental — once a proper written notice to quit is given, only a written agreement made after that notice can cancel it out.
441.120. not to show renewal of or change — . — 1. In all cases where a holds over after the of the time for which the were let or leased, under a written contract between the or his and the tenant or his agent, in any suit for possession by the entitled to possession of said premises against such tenant, after the termination of the time for which said premises were let or leased under written contract, oral evidence shall not be that said lease or was renewed or extended, or that a new contract was entered into or substituted for the written contract, but the tenant's right to continued possession or the landlord's right to collect rent on said premises after the termination thereof, shall be established by contract in writing; provided, however, this section shall not prevent a recovery of by either party for of the written contract.
2. In all cases of an oral letting or leasing of for any , or by sufferance, or for less than one year, if either party shall terminate said in accordance with the of sections 441.050 and 441.060, in any suit thereafter between said parties, oral shall not be admissible to vary, alter or the effect of the notice required and given under sections 441.050 and 441.060, but such notice may be varied, altered or abrogated only by written evidence thereof and bearing an actual date subsequent to the date of the notice provided for in said sections.
(RSMo 1939 § 2970)
New tenant may maintain of detainer against , when, 534.290
(1953) Evidence showing tenant did additional work on premises with landlord's in reliance on new oral lease after expiration of , held inadmissible. Harriman v. Hale (A.), 258 S.W.2d 27.
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.