441.060. Tenancy at will, sufferance, month to month, how terminated--judgment of eviction, how effectuated, landlord's liability.
Tenancy at will, sufferance, month to month, how terminated--judgmentof eviction, how effectuated, landlord's liability.
441.060. 1. A tenancy at will or by sufferance, or for less than oneyear, may be terminated by the person entitled to the possession by givingone month's notice, in writing, to the person in possession, requiring theperson in possession to vacate the premises.
2. An occupancy limitation of two persons per bedroom residing in adwelling unit shall be presumed reasonable for this state. The two-personlimitation shall not apply to a child or children born to the tenantsduring the course of the lease.
3. Except as otherwise provided by law, all contracts or agreementsfor the leasing, renting or occupation of stores, shops, houses, tenementsor other buildings in cities, towns or villages, and of stores, shops,houses, tenements or other buildings except when such leasing, renting oroccupation is as tenant of real estate used or rented for agriculturalpurposes, other than garden purposes, not made in writing, signed by theparties thereto, or their agents, shall be held and taken to be tenanciesfrom month to month, and all such tenancies may be terminated by eitherparty thereto, or the party's agent, giving to the other party, or theparty's agent, one month's notice, in writing, of the party's intention toterminate such tenancy.
4. (1) Except as provided in subdivision (2), the landlord or thetenant may terminate a month-to-month tenancy by a written notice given tothe other party stating that the tenancy shall terminate upon a periodicrent-paying date not less than one month after the receipt of the notice.
(2) When a person occupies and has an ownership interest in a mobilehome and is leasing the land or the lot upon which the mobile home islocated, a tenancy for less than one year may be terminated by the landlordby giving written notice to the tenant that the tenancy shall terminate notsooner than sixty days from the date the rent payment next becomes due,notwithstanding any written lease provision regarding earlier leasetermination to the contrary.
5. If after the rendition of a judgment and a request for anexecution on any judgment rendered in an action pursuant to chapter 524,RSMo, chapter 534, RSMo, chapter 535, RSMo, or this chapter and there is nostay of execution, the service officer fails to deliver possession of thepremises to the landlord within seven days of the delivery of the writ tosuch officer, the landlord may, within sixty days of the date of thejudgment, in the presence of a municipal or county law enforcement officerof the jurisdiction in which the premises are located, without breach ofthe peace, break and remove locks, enter and take possession of thepremises and remove any household goods, furnishings, fixtures or any otherpersonal property left in or at the premises, provided the law enforcementofficer is first presented a true copy of the judgment and order ofexecution, and the law enforcement officer acknowledges in writing suchpresentation, and such acknowledgment is filed in court by the plaintiffwithin five days following taking possession of the premises.
6. Except for negligent, willful or wanton acts or omissions of thelandlord, or failure to both timely obtain and file the law enforcementofficer acknowledgment described in the preceding subsection, the landlordshall have no liability for loss or damage to any household goods,furnishings, fixtures or any other personal property left in or at thedwelling unit, by reason of the landlord's removal of the property inaccordance with the provisions of this section.
(RSMo 1939 § 2971, A.L. 1951 p. 747, A.L. 1997 H.B. 361)Prior revisions: 1929 § 2584; 1919 § 6880; 1909 § 7883
CROSS REFERENCE:
Leases, not in writing, operate as estates at will, RSMo 432.050
(1956) When on nonpayment of rent under lease by tenant, landlord invoked harsh remedy of common law forfeiture and sought to recover double damages and double rents, he would be held to strict requirements of common law as to forfeiture, i.e. that rent was required to be demanded on the day it became due. Waring v. Rogers (A.), 286 S.W.2d 374.
(1962) Where tenant did not give notice in writing of termination of month-to-month tenancy, landlord recovered rent for three month period extending to time landlord restored center partition in building which act constituted acceptance of surrender of premises. Rauth v. Dennison (A.), 357 S.W.2d 201.
(1963) Where tenant did not occupy dwelling house under written agreement, and written notice to remove was served on August 7, 1961, landlord had immediate right to possession when she sued in ejectment therefor on September 14, 1961, and restitution of possession was proper. Davis v. Broughton (A.), 369 S.W.2d 857.