Procedure to recover possession
When a tenant owes rent and has not paid after being asked, the landlord can file paperwork with a local court judge. The paperwork must be sworn to be true and must describe the property, the rental terms, and the unpaid rent. The court then sends a notice to the tenant telling them to come to court and explain why the landlord should not get the property back. The landlord can also include other money owed under the lease in the same case, but those extra amounts alone are not enough to make the court give the property back to the landlord.
535.020. Procedure to recover possession — of statement — of — procedure. — Whenever any rent has become due and payable, and payment has been demanded by the landlord or the landlord's from the or person occupying the , and payment thereof has not been made, the landlord or agent may file a statement, , with any in the county in which the property is situated, setting forth the terms on which such property was rented, and the amount of rent actually due to such landlord; that the rent has been demanded from the , lessee or person occupying the premises, and that payment has not been made, and substantially describing the property rented or d. Giving the notice provided in section 441.060 is not required prior to filing a statement or obtaining the provided in this chapter. In such case, the shall immediately a summons directed to such tenant or lessee and to all persons occupying the premises, by name, requiring them to appear before the judge upon a day to be therein named, and why possession of the property should not be restored to the . The landlord or agent may, in such an for unpaid rent, join a for any other unpaid sums, other than property , regardless of how denominated or defined in the lease, to be paid by or on behalf of a tenant to a landlord for any purpose set forth in the lease; provided that such other sums shall not be considered rent for purposes of this chapter, and for the landlord for recovery of such other sums shall not by itself entitle the landlord to an for of the premises. The of this section providing for the filing of a statement before an associate circuit judge shall not adoption of a local providing for the centralized filing of such cases, nor the of such cases to particular or associate circuit judges local circuit court rule or action by the of the circuit. The case shall be heard and determined under the practice and procedure provided in the , except where otherwise provided by this chapter.
(RSMo 1939 § 2994, A.L. 1945 p. 1107, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al., A.L. 1997 H.B. 361, A.L. 2004 S.B. 1211)
Prior revisions: 1929 § 2607; 1919 § 6901; 1909 § 7904
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