Upon return of summons, cause to be heard
When a landlord takes a tenant to court for unpaid rent, the judge sets a hearing as soon as possible. If the tenant owes rent and hasn't paid it, the judge can order the tenant to leave and order them to pay the rent plus court costs. A law officer must give the landlord back the property within five days. A landlord can also choose to just ask for the property back without asking for the money owed. A landlord is not responsible for belongings a tenant leaves behind after being removed by court order, unless the landlord acted in a willful, wanton, or malicious way. If someone else's property is left behind with a clear label showing it belongs to them, the landlord must send that person a certified letter giving them five business days to pick it up.
535.040. Upon of , cause to be heard — landlord not , when — landlord notification of property left by . — 1. Upon the return of the summons , the judge shall set the case on the first available court date and shall proceed to hear the cause, and if it shall appear that the rent which is due has been demanded of the tenant, or persons occupying the property, and that payment has not been made, and if the payment of such rent, with all costs, shall not be before the judge, on the of the cause, the judge shall render that the landlord recover the possession of the so rented or leased, and also the debt for the amount of the rent then due, with all and shall an upon such judgment, commanding the officer to put the landlord into immediate possession of the property leased or rented, and to make the debt and costs of the of the . No shall be granted to the if the defendant is in and was by the procedure provided in section 535.030 unless the defendant otherwise enters an appearance. The officer shall possession of the property to the landlord within five days from the time of receiving the execution, and the officer shall proceed upon the execution to collect the debt and costs, and return the , as in the case of other executions. If the plaintiff so elects, the plaintiff may sue for possession alone, without asking for recovery of the rent due.
2. Except for acts or omissions, neither the landlord nor his or her successors, , agents, nor representatives shall be liable to any tenant or for loss or damage to any household goods, furnishings, fixtures, or any other left in or at the by the tenant or subtenant of such dwelling, by the reason of the landlord's removal or disposal of the property under a of the premises.
3. the of 2 of this section, if, after the sheriff has completed the court-ordered execution, property is left by the tenant in or at the dwelling bearing a permanent label or marking identifying it as the property of a , the landlord shall notify the third party by with a return receipt requested. The third party shall be given an opportunity to recover such property within five business days of the date such notice is received. If the landlord is unable to notify the third party, the landlord may remove or dispose of such property and shall incur no for any loss or damage .
(RSMo 1939 § 2996, A.L. 1945 p. 1107, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al., A.L. 1986 S.B. 741, A.L. 1997 H.B. 361, A.L. 2009 S.B. 231)
(1978) Held, not to require court to hear case without jury in court since jury trial could later be had as a matter of right in . Rice v. Lucas (Mo.), 560 S.W.2d 850.
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