Landlord/tenant law is very complex, having developed through centuries of case law and being overlaid by many years of statutory enactments, some of them quite recent. This page is intended to give a basic overview of some of the main elements of landlord-tenant law, but an attorney should be consulted for advice in particular situations. Most of the following material was written for landlords, but tenants can also benefit from reviewing the information. Much of the procedural information on this page is specific to Boone County, Missouri. Topics covered are:

Preliminary Matters 
Sources of Missouri Landlord/Tenant Law 
Self-Help Eviction Illegal in Missouri 
Service of Notices 
Beware of Waiver 
Disclosures to Tenants 
Written Leases 
Oral Leases 
Overview of Lawsuits Landlords Can File against Tenants 
Rent-and-Possession Lawsuits 
Unlawful Detainer Lawsuits 
Contract Actions 
Expedited Evictions 
Information Needed for All Landlord/Tenant Lawsuits 
General Procedure in Landlord/Tenant Lawsuits 
Time Frames for Landlord/Tenant Litigation 
Enforcement of Judgments 
Security Deposits 
Removal of Property from Abandoned Premises 
Tenant’s Limited Right to Deduct Repair Costs from Rent 
Fair Debt Collection Practices Act 
Prohibited Discrimination

Preliminary Matters

An understanding of the basics of Missouri landlord/tenant law will help avoid future problems. Unfortunately, unlike some other states, Missouri does not have a comprehensive, codified Landlord and Tenant Act. Therefore, these materials have been prepared for your study and future reference.

However, these materials cover only the most common situations and problems. If you have questions or run into a situation not covered here, ask an attorney.

It is strongly recommended that you attend an eviction hearing. It is a great way to get prepared so you won’t be nervous when it is your day in court. If you see what others are doing right and wrong, it will help you when it is your turn. In Boone County, most eviction hearings take place at 2:00 p.m. on Tuesdays and Wednesdays in Circuit Court Division 10 at the Boone County Courthouse.

It is also recommended that you use an attorney who has experience with landlord/tenant issues. When eviction cases are lost, it is usually because of a legal technicality that an experienced attorney would be able to avoid, so the cost of an attorney can save money down the road. If a tenant retains an attorney, and the tenant’s attorney sees that everything has been and is being handled properly, they are less likely to fight an eviction. However, if a tenant’s attorney sees that a landlord made mistakes in the process, the tenant and tenant’s attorney are more likely to fight an eviction and possibly win.

Before moving on, an important concept to understand about landlord/tenant law is that the courts view a lease both as a contract and as a real estate conveyance for a specified term. Because of the conveyance aspect of leases, the courts usually require strict compliance with landlord/tenant law and lease clauses in order to evict a tenant.

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Sources of Missouri Landlord/Tenant Law

Missouri landlord/tenant law literally has its roots in medieval English law and the ensuing centuries worth of cases decided by the courts.

There are also a number of Missouri statutes dealing with landlord/tenant issues, primarily concentrated in three chapters.

Chapter 441 of the Revised Statutes of Missouri (RSMo.), titled "Landlord and Tenant," contains sections dealing with the following matters:

Chapter 534 RSMo., titled "Forcible Entry and Unlawful Detainer," deals with eviction of tenants who breach their leases or hold over after their leases end (called "unlawful detainer") and with "wrongful eviction" cases filed by tenants against landlords (called "forcible entry and detainer.")

Chapter 535 RSMo., titled "Landlord-Tenant Actions," includes provisions dealing with the following matters:

Also, if a landlord leases subsidized housing under "Section 8," additional federal and state regulations will apply. In particular, special eviction notices and procedures are required which are beyond the scope of this document, and the landlord should consult with a knowledgeable attorney to ensure proper procedures are followed.

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Self-Help Eviction Illegal in Missouri

WARNING: In Missouri, the only legal way to evict a tenant is through court action.

So-called "self-help" evictions, where the landlord physically removes a tenant and/or the tenant’s property without a court order, or attempts to exclude the tenant by changing locks, removing doors, or turning off utilities, are illegal. (The only exception is when a landlord temporarily shuts off utilities for health or safety reasons, such as a gas or water leak.)

If a landlord uses such self-help eviction techniques, the tenant can sue for wrongful eviction (technically, "forcible entry and detainer"). The tenant can recover any actual damages proved by the tenant and can also claim punitive damages.

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Service of Notices

Throughout these materials, mention will be made of "serving" notices on tenants.

As interpreted by Missouri courts, service of a notice generally requires personal delivery of a notice to the tenant. This simply means handing or at least offering to hand the notice to the tenant so that the person serving the notice can testify, if necessary, that the tenant received the notice, or at least had the opportunity to receive it. The tenant does not have to sign the notice, or even touch it. If the tenant sees the landlord, puts his hands in his pockets and says, "I’m not taking that," the landlord only needs to say, "You’re served," and drop the notice where the tenant can retrieve it if he chooses. If a tenant jumps into her car and locks the doors, the landlord can place the notice on the windshield under the wipers and tell her she is served. The same would apply if a tenant won’t open the screen door to his unit, or if he looks out a window. The point is, there needs to be some personal contact with the tenant. The landlord must make the tenant aware the landlord is serving the notice and make it available to the tenant in some fashion.

Absent a lease clause specifying permissible means of serving notices, if the landlord does not make personal contact with the tenant, it is not sufficient service of a notice to simply tape the notice somewhere the tenant might see it.

Note that if more than one tenant signed the lease for the particular unit, a separate copy of any notice should be served on each such tenant. It is not sufficient to serve one tenant and hope that tenant will also give the notice to the other tenants.

When a landlord files an eviction lawsuit, it is usually necessary to state in the lawsuit that a notice was served on the tenant. As a practical matter, tenants often do not dispute in court that the notice was served, which has the effect of "curing" any defective notice. However, if the tenant does dispute proper service of a required notice, the landlord must be prepared to prove service. This is typically done by having the person who served the notice testify when and how he or she did so.

Sometimes landlords try to serve notices by certified mail. The courts usually accept notices served this way only if the landlord can present a certified mail receipt signed by the tenant. A receipt signed by someone other than the tenant will not suffice.

NOTE: Do not confuse the service of notices discussed in this section with the ability to have a court summons in an eviction lawsuit served by the sheriff by posting the summons on the rental unit. Landlords should follow the guidelines in this section for serving any required pre-lawsuit notices.

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Beware of Waiver

A problem that sometimes arises after a landlord has served a notice on a tenant – for example, a notice to terminate an oral lease – is that the tenant comes in and wants to pay rent or do something else to cure whatever default he has been notified about. If the landlord is not careful, accepting rent or other lease performance from the tenant might be seen by a court as a waiver of the landlord's right to pursue eviction.

It is possible to include language in eviction notices excluding waiver in such situations. However, if a landlord uses a notice form that does not contain language excluding waiver, the landlord will need to make sure the tenant understands that if the landlord accepts rent or other performance under the lease, the landlord is not waiving the landlord's right to pursue eviction. This is best done in writing, and it would be advisable to get the tenant’s signature if possible.

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Disclosures to Tenants

Chapter 535 RSMo. sets out certain information that landlords are required to disclose to tenants. There are two main things to be disclosed, which the statute allows the landlord to include in the lease:

The statute goes on to say that if this information changes, the updated information must be provided to tenants.

If these disclosures are not made, the person signing the lease for the landlord is deemed the landlord’s agent to receive lawsuits and to fulfill all the landlord’s obligations under the lease.

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Written Leases

While it is possible to have oral leases of residential units, written leases almost always provide superior protections for landlords.

Following are the minimum points that should be covered in a written lease, most of which cannot be adequately addressed in an oral lease:

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Oral Leases

Oral leases can be year-to-year on crop land, but are month-to-month for other types of property including residential property. An oral lease can be terminated by written notice given by either the landlord or the tenant. No reason needs to be given for termination, but a landlord cannot terminate an oral lease for a discriminatory reason that violates federal or state fair housing laws (see the "Prohibited Discrimination" section at the bottom of this page).

A termination notice for a year-to-year lease on crop land must be given not less than 60 days before the end of the year.

In most situations, a termination notice for a month-to-month lease must be given at least one month before the termination date (see details below). In the special case of a month-to-month lease of a mobile home lot where the mobile home is owned by the tenant, notice must be given at least 60 days before the termination date.

Notices to terminate oral leases must be in writing. The landlord must be able to prove the notice was served on the tenant and should follow the guidelines in the "Service of Notices" section above.

For month-to-month leases other than mobile home lots where the mobile home is owned by the tenant, a notice served before the next rent-paying date will terminate the lease at the end of the month following the next rent-paying date.

EXAMPLE: Assume the rent-paying date is the first of the month. A notice served before March 1 will terminate the lease at the end of March. However, a notice given after March 1 but before April 1 could only terminate the tenancy at the end of April.

CAUTION: The termination notice must state the correct termination date. In the above example, if the notice specified a termination at the end of March but was served on or after March 1, the notice would be ineffective. In this situation, the notice would have to be served again before April 1specifying the termination date as the end of April.

A notice to terminate a mobile home lot lease where the mobile home is owned by the tenant must specify a termination date at least 60 days after the next rent-paying date. Otherwise, the same example and caution above will apply.

It is advisable to have an attorney prepare notices to terminate oral leases.

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Overview of Lawsuits Landlords Can File Against Tenants

In general, there are four types of lawsuits landlords can file against tenants, which are discussed in more detail in the following sections. They are:

Before discussing these four types of lawsuits, there is an important distinction to be made between rent-and-possession lawsuits and unlawful detainer cases.

If the tenant’s only breach is non-payment of rent, and the landlord does not mind if the tenant stays so long as the rent is paid, then a rent-and-possession case will be appropriate. This is because under the rent-and-possession statutes, the tenant has the right to continued possession of the leased premises if he or she pays the rent and court costs at any time up to and including the date judgment is entered.

On the other hand, if the landlord wants to evict the tenant even if the rent is paid, then an unlawful detainer action would be the appropriate type of eviction lawsuit. Subject to proper notice being given and having appropriate language in a written lease, most breaches of a lease by a tenant, including non-payment of rent, will give rise to an unlawful detainer action.

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Rent-and-Possession Lawsuits

Rent-and-possession actions arise simply from the non-payment of rent and are governed by Chapter 535 RSMo. To prevail in such a case, the only three things a landlord needs to prove are: (1) There is rent due and payable, (2) demand was made for payment, and (3) the tenant has failed to pay.

There is no waiting period necessary between the demand for rent and the filing of a rent-and-possession lawsuit. A landlord can make the demand and then immediately file suit. However, if the landlord thinks the tenant might pay after receiving the notice, it may be wise to wait a few days after making demand before filing suit to avoid incurring the expense of filing suit.

While the demand for rent need not necessarily be in writing, it is usually easier to prove the demand was made if the landlord serves a written notice, particularly if the tenant disputes that demand was made. Most landlords use a written notice to make demand for rent before filing a rent-and-possession case. It is advisable to have an attorney prepare a standard form to use for such demands.

A landlord can actually sue everyone occupying the premises for rent and possession, even if not all of them signed the lease. This can make it easier to serve the lawsuit in some cases because Missouri law includes roommates as "family members" upon whom service can be made in lieu of direct service upon all defendants. However, if a landlord wants to sue more than one occupant of leased premises, the landlord should be sure to make pre-lawsuit demand for payment of rent upon all those the landlord wishes to sue.

It is now clear under 1997 changes to Missouri statutes that a landlord can include other matters besides non-payment of rent in a rent-and-possession case. For example, a landlord can claim late fees, damages to the premises, and even attorney’s fees (if the landlord has an appropriate attorney fee clause in his lease). However, if the tenant pays the rent and court costs on or before the date of judgment, the tenant will be entitled to retain possession of the premises; in such a case, the landlord would still be able to get a monetary judgment against the tenant for the other items claimed in the lawsuit.

It is unclear whether jury trials are available in rent-and-possession cases. A 1978 court case held that there is no right to a jury trial in rent-and-possession cases; however, since then, the General Assembly has amended the statutes multiple times in a manner that makes it unclear whether a right to a jury trial may exist. In general, landlords will not want a jury trial because of the additional time and expense involved. Therefore, it is strongly recommended that landlords include a clause in their leases whereby both the landlord and the tenant waive the right to a jury trial in any litigation involving the lease. (Note: Jury waiver clauses are not permitted in Section 8 leases.)

A statutory provision adopted in 1997 provides that if the tenant has allowed someone else to have sole possession of the leased premises without the landlord’s permission, the court can award, in addition to rent due, damages not to exceed twice the rent due.

There is a special requirement to be aware of if the landlord has purchased (or acquired through foreclosure or tax sale) rental property subject to pre-existing leases. In such a situation, the landlord must give written notice to the tenants that the landlord now owns the property before the landlord will be entitled to sue for rent and possession. This notice should be given as soon as possible after the landlord obtains title to the property. An attorney should be consulted for preparation of the necessary notice.

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Unlawful Detainer Lawsuits

An unlawful detainer lawsuit should be filed if the landlord wants to evict the tenant no matter what – even if the rent is paid. Unlawful detainer is appropriate in any situation where the tenant retains possession of the leased premises after the lease terminates, including:

By statute, the landlord can give a notice to terminate a lease after 10 days if the tenant does any of the following: (1) breaches (violates) any of the provisions of the lease, (2) assigns or transfers his interest in the lease without the landlord's written consent, (3) causes damage to the premises beyond ordinary wear and tear, (4) allows the possession, sale or distribution of illegal drugs on the premises, or (5) permits the premises to be used for gambling or prostitution. Preparation of notices to terminate by an attorney is strongly recommended.

CAUTION: If the landlord wishes to pursue an unlawful detainer action for breaching the lease by failing to pay rent, absent an appropriate lease clause, the landlord must make written demand for payment of rent on the exact day when the rent becomes due and for the precise amount due. This is a common law requirement which is a manifestation of the courts’ view of leases as both a conveyance and a contract and their reluctance to allow forfeitures of leases unless strict procedures are followed. To avoid this problem, it is strongly recommended that landlord's lease forms include a clause waiving common law notice of default and termination procedures and substituting a contractual method of giving notice. An attorney should be consulted to prepare such language.

There is clearly a right to a jury trial in an unlawful detainer action. Therefore, to avoid the substantial additional time and expense involved in a jury trial, it is strongly recommended that landlord's lease forms include a clause whereby both the landlord and the tenant waive the right to a jury trial in any litigation involving the lease. (Note: Jury waiver clauses are not permitted in Section 8 leases.)

In an unlawful detainer case, the landlord can seek the following remedies: (1) Possession of the leased premises, (2) rent that was unpaid before the termination date of the lease, (3) double rent for the period after termination of the lease during which the tenant remains in possession, (4) reimbursement for damages to the premises in excess of ordinary wear and tear, (5) attorney’s fees and litigation expenses if the landlord has a clause in the lease authorizing them, and (6) court costs.

A statutory provision adopted in 1997 provides that if the tenant has allowed someone else to have sole possession of the leased premises without the landlord’s permission, the court can award, in addition to rent due, damages not to exceed twice the rent due.

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Contract Actions

If possession is not at issue (in other words, the tenant no longer occupies the leased premises), then any claims the landlord may have against the departed tenant may be pursued as ordinary contract claims. Typical claims that are pursued in such cases include: (1) Unpaid rent, (2) reimbursement for damages to the premises in excess of ordinary wear and tear, (3) attorney’s fees and litigation expenses if the landlord has a clause in the lease authorizing them, and (4) court costs.

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Expedited Evictions

Expedited evictions are a new type of eviction case created by statute in 1997. The are covered in §§ 441.710 - 441.880 RSMo. The procedure is unique in that it can be used to exclude non-tenants as well as tenants from leased property.

It is important to note that if there are grounds for expedited eviction and the landlord does not take action to evict the tenant within 30 days after being asked to do so, the prosecuting attorney or a neighborhood association can file the eviction action in the landlord’s place. If this happens, the costs of the eviction including attorney’s fees can be assessed against the landlord. It is also possible for the prosecuting attorney to have the leased premises declared a public nuisance and prevent re-rental for an extended period of time. Therefore, it behooves a landlord to act promptly, particularly if the landlord is asked to do so by the police or the prosecuting attorney’s office.

A landlord can seek expedited eviction on any one or more of the following grounds:

No advance notice is necessary to file for expedited eviction unless the perpetrator of the illegal activity is someone other than the actual tenant. If the perpetrator is someone other than the tenant, then the landlord must give 5 days written notice to the tenant setting out the provisions of §441.750 RSMo. and specifying the grounds for expedited eviction. The landlord can then file for expedited eviction against the tenant after 5 days unless the tenant delivers written notice to the landlord within the 5-day period that the tenant has either: (1) sought a protective order, restraining order, order to vacate the premises, or other similar relief against the perpetrator, or (2) reported the illegal activity to a law enforcement agency or county prosecuting attorney in an effort to initiate a criminal proceeding against the perpetrator. It is recommended that an attorney be retained to prepare the appropriate notice in such a situation.

If the landlord proves that the tenant was personally responsible for one or more of the grounds for expedited eviction, the court will order the tenant evicted.

If someone other than the tenant was the perpetrator and the landlord proves one or more of the grounds for expedited eviction, but the tenant proves that he or she in no way furthered, promoted, aided or assisted in the illegal activity, and that he or she did not know or have reason to know the activity was occurring or was unable to prevent the activity because of verbal or physical coercion by the perpetrator, then the court can order the perpetrator excluded from the property but cannot evict the tenant. If the tenant cannot prove these defenses, however, then the tenant can also be evicted.

The court can order the expedited eviction enforced by a law enforcement agency within a number of days specified by the court.

Expedited eviction can be pursued even if criminal prosecution has not been commenced, will not be commenced, has not been concluded, or has been concluded without a conviction. In any event, relevant evidence obtained in good faith by a law enforcement officer is admissible in an expedited eviction proceeding. If a criminal proceeding involving the drug-related criminal activity has resulted in the conviction of the tenant or another defendant in the expedited eviction case, the conviction can be introduced in evidence in the expedited eviction.

If a landlord is pursuing an expedited eviction, the landlord must give the defendants a reasonable opportunity before trial to examine all documents or records in the landlord's possession that relate to the case.

The court can enter orders in expedited eviction cases to protect persons who may be called as witnesses. An order can be issued if a witness has been threatened, intimidated or otherwise has reason to fear for his or her safety. Orders can include nondisclosure of names and addresses of witnesses and questioning of witnesses in the judge’s chambers.

Before entering a final order in an expedited eviction case, the court can issue restraining orders and other preliminary relief to prevent further commission of drug-related crimes at or near the leased premises or to protect the rights of the parties or nearby residents.

The landlord is entitled to continue collecting rent from a tenant while an expedited eviction case is proceeding. It appears the landlord can ask the court to award unpaid rent in the case.

If the court finds that the tenant or another person should be evicted or excluded from the leased premises, the court must postpone the eviction or exclusion if the tenant or other person asks for a postponement and proves six points to the court’s satisfaction: (1) the person is a drug user and drug-dependent and will promptly enter a court-approved drug treatment program, or the tenant did not aid or assist in the drug-related criminal activity; (2) the drug-related activity did not occur within 1,000 feet of a school and did not involve the sale or distribution of drugs to minors; (3) a weapon or firearm was not used or possessed in connection with the drug-related activity; (4) the court has not issued and will not issue an order to protect witnesses in the case; (5) the person has not previously received a postponement of eviction or exclusion in an expedited eviction case; and (6) the postponement will not endanger the safety, health or well-being of the surrounding community or the landlord. If the landlord submits an appropriate written request to the court, the court will notify the landlord if a request for postponement is filed and give the landlord the opportunity to participate in any hearings on the postponement. If the court decides to grant the postponement, the tenant will be placed on "probationary tenancy" for 6 months or the remaining lease term, whichever is shorter. The court can specify conditions for the probationary tenancy to protect the landlord and those living nearby and to further the purposes of the expedited eviction law. Conditions that can be imposed include periodic drug testing, community service, and participation in a treatment program.

There does not appear to be a right to a jury trial in expedited eviction cases.

Finally, it is important to note that if a landlord acts in good faith in pursuing an expedited eviction based on information the landlord received, the landlord is immune from civil liability to the tenant and other persons against whom allegations may be made.

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Information Needed for All Landlord/Tenant Lawsuits

When a landlord wants to take legal action against a problem tenant, the landlord's attorney is going to need certain information. To help the landlord prepare to meet with an attorney, following is a checklist of the information the attorney will need in most cases:

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General Procedure in Landlord/Tenant Lawsuits

An understanding of the procedures involved in landlord/tenant lawsuits will help a landlord be more effective and enable more efficient action against problem tenants. Some of the information in this section is specific to Boone County, but the procedures should be substantially similar or even identical in other Missouri counties.

The first step in any legal action is to file a document known as a "petition" with the court. Almost all landlord/tenant cases are filed in the Associate Division of the Circuit Court, which has statutory jurisdiction over rent-and-possession, unlawful detainer and expedited eviction cases. The landlord or a staff member will be required to sign a "verification" on the petition, which is a sworn statement under oath that the allegations made in the petition are true.

A filing fee must be paid when the petition is filed. The filing fee is actually an advance deposit toward anticipated court costs. When the case is over, if the landlord wins a judgment against the defendant and can collect the judgment, the landlord will also be entitled to recover the actual court costs.

After the petition is filed and the filing fee is paid, the next step is "service" of the lawsuit on the defendant(s). It is a fundamental principle in our system of justice that one person cannot obtain legal action against another person through the courts unless that other person is aware of the case and has an opportunity to respond. The "summons" served on the defendant along with a copy of the petition will notify the defendant of the initial court date. Usually service of the lawsuit is accomplished by a sheriff’s deputy who personally delivers the summons and petition to the defendant or a member of the defendant’s family at the residence. If a landlord wants faster service, the landlord's attorney can ask the court to appoint a private process server to serve the lawsuit.

Both rent-and-possession and unlawful detainer cases can also be served by "posting" and mail – that is, by taping a copy of the summons and petition on the door of the leased premises and mailing a copy to the defendant by certified mail. The posting must be done by a sheriff’s deputy or special process server, and the mailing must be accomplished by the court clerk. The effect of posting is that the landlord cannot obtain a monetary judgment against the defendant – only a judgment for eviction – unless the defendant personally appears in court in response to receipt of the lawsuit by posting and/or mail.

A rent-and-possession, unlawful detainer or expedited eviction lawsuit must be served on the defendant at least four days before the initial court date (called the "return date") specified in the summons. A contract action must be served at least 10 days before the initial court date. The landlord or his attorney must appear on the initial court date or risk dismissal of the case. The court will send the landlord or his attorney notice of the court date. In Boone County, these court dates are generally at 1:30 p.m. on Tuesday or Wednesday. Assuming that someone appears on the landlord's behalf, there are three possible results of the initial court appearance:

In eviction cases, if the defendant disputes the petition at the initial court appearance and is still in possession of the leased premises, the court usually sets a trial date one to two weeks later and informs the parties on the spot. However, if the defendant has vacated the premises by the time of the initial court appearance, the court will set the trial at a later time and notify the parties by mail; in this event, the trial typically takes place three to six weeks after the initial court date.

If the case must be tried, the landlord and his witnesses will need to meet at least briefly with the landlord's attorney before the trial to prepare. At the trial, the landlord and his witnesses will present testimony and exhibits first. The landlord's attorney will ask questions to bring out the necessary points (direct examination). Then the tenant or the tenant’s attorney will have an opportunity to ask questions (cross-examination). After all of the landlord's evidence has been presented, the tenant and his or her witnesses will have the opportunity to present testimony and witnesses. The landlord's attorney will be able to cross-examine them. When both sides have finished presenting evidence, the court makes its decision and enters a judgment based on the evidence presented. The court usually announces its judgment at the conclusion of the trial. Most landlord/tenant trials are relatively short in duration – usually no more than 30 minutes, and often as little as 5 or 10 minutes.

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Time Frames for Landlord/Tenant Litigation

In rent-and-possession, unlawful detainer and expedited eviction cases, the statutes require service of the summons and petition on the defendant at least 4 days and no more than 10 days before the initial court date. Typically the initial court date is set approximately 3 weeks after the filing of the suit to allow sufficient time for service. The initial court date will have to be delayed if the lawsuit cannot be served at least 4 days before that date.

Summonses are only good for 30 days. If they cannot be served within that time frame, a new summons will have to be issued, leading to further delay. Assuming reasonably prompt service of the lawsuit on the defendant and no unusual delays, the following are typical time frames for landlord/tenant cases in Boone County:

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Enforcement of Judgments

Suppose the landlord has gone to court and obtained a judgment against the tenant. Now what? How can the landlord enforce the judgment? It helps to understand what a judgment actually is. Fundamentally, a judgment is a determination by a court that the landlord is entitled to particular legal relief and therefore can use certain enforcement processes available through the court upon request to try to obtain that relief. The key points to understand are that judgments are not self-enforcing (the landlord has to request enforcement action), and there is no guarantee that the available enforcement mechanisms will result in full "satisfaction" of all legal relief to which the landlord has been found entitled.

The landlord's first priority may be to evict the tenant from the leased premises, which the landlord will be entitled to do if the landlord obtained a judgment for possession. If the landlord did get a judgment for possession, the court will send a letter to the defendant advising of the judgment and the need to vacate the premises; most of the time this letter prompts the tenant to move, but sometimes it does not. The landlord can ask for an "execution for possession" immediately after the judgment is entered only if the judgment was a consent judgment – in other words, the defendant agreed to it. This is because there is no right to appeal a consent judgment. On the other hand, if the landlord obtained a default judgment (upon the defendant’s failure to appear) or a judgment at trial, the court will not issue an execution until at least the 11th day after the judgment was entered because the defendant has 10 days within which to file an appeal. Even if the landward was represented by an attorney, the landlord can request an execution for possession on his own by filing a letter request with the court clerk along with a $20 execution fee for each defendant in the case.

After the landlord has requested an execution for possession, the landlord must coordinate with the sheriff’s office on the eviction date and time. It will take one to three days after the landlord makes his request to the court clerk for the execution paperwork to get to the sheriff’s office. When enough time has passed, the landlord should call the sheriff’s office to arrange a mutually agreeable time for the eviction to take place. At the appointed time, the landlord must either have a key to the premises, have a locksmith on hand, or be willing to force the door. The landlord must also provide the manpower to move the tenant’s property to the curb. The function of the sheriff’s deputy is to stand by to preserve peace – the deputy will not help move the tenant’s possessions.

In the unlikely event that the landlord has difficulty obtaining cooperation from the sheriff’s office to enforce an eviction, a new statutory provision adopted in 1997 may help. It provides that if the sheriff’s office fails to execute an eviction within 7 days after receipt of an execution for possession, then within 60 days of the date of judgment, in the presence of a law enforcement officer, the landlord may break and remove locks, enter and take possession of the premises, and remove the tenant’s property from the premises, subject to these conditions: (1) such action must be taken without breach of peace, (2) the law enforcement officer must first be presented with a copy of the judgment and execution for possession, (3) the law enforcement officer must acknowledge this in writing, and (4) the acknowledgment must be filed in court by the landlord within 5 days after the eviction is completed. When an eviction is done this way, the landlord will not be liable for loss or damage to property left behind by the tenant unless the landlord's actions are negligent, willful or wanton.

Now suppose the landlord obtained a monetary judgment against the tenant for rent, damages to the premises, etc. Garnishment is the easiest way to enforce such a judgment. Garnishment requires a request on a special form available from the court clerk and a $20 filing fee for service in Boone County ($25 to send to other counties). Typical targets for garnishment are the former tenant’s bank accounts (this is a good reason to keep copies of tenants’ checks and/or require banking information in lease applications) and his or her employer (the landlord can garnish wages, which is a good reason to inquire about employment in lease applications).

Other methods of collecting a monetary judgment are seizure and sale of the tenant’s personal property and sale of any real estate owned by the tenant. These are more complicated processes, and the assistance of an attorney is strongly recommended.

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Security Deposits

It is crucial for landlords to be fully informed about the Missouri law on security deposits because the courts enforce the law rather strictly. More than a few landlords have gotten in trouble for not scrupulously following the statute.

Security deposits are governed by §535.300 RSMo. The key points of the statute are as follows:

It should be noted that if the landlord's legitimate damages exceed the security deposit, nothing prohibits the landlord from attempting to recover those damages by filing suit against the former tenant.

The foregoing security deposit rules do not apply to deposits specifically designated as pet deposits.

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Removal of Property from Abandoned Premises

An occasional scenario is that a tenant will simply abandon leased premises and leave items of his or her personal property there. When this occurs, the tenant typically cannot be located, so the landlord cannot file a lawsuit to resolve the situation. A new statute adopted in 1997 will come to the rescue in this situation. The statute allows the landlord to remove and dispose of a tenant’s property after the tenant has abandoned the leased premises without liability to the tenant if specified procedures are followed.

The premises will be deemed abandoned if rent is due and has been unpaid for 30 days, and the landlord has a reasonable belief that the tenant has vacated and intends not to return. To use this procedure, the landlord must post a written notice in specified form on the premises and mail the same notice to the last-known address of the tenant by both first-class and certified mail, return receipt requested. If the tenant then fails within 10 days to either pay rent or respond in writing stating the tenant's intention not to abandon the premises, the landlord can remove and dispose of the tenant's property.

It is strongly recommended that a landlord have an attorney draft the required notice for such situations.

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Tenant's Limited Right to Deduct Repair Cost from Rent

Legislation enacted in 1997 gives tenants the right, under limited conditions, to deduct repair costs from rent. This new right cannot be waived by a written lease clause. To be eligible, the tenant must have lived in the leased premises for six consecutive months, have paid all rent and charges, and not have received any written notice from the landlord of any lease violation which was not subsequently cured.

The condition to be repaired must detrimentally affect the habitability, sanitation or security of the premises, must constitute a violation of a local municipal housing or building code, and must not have been caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s family, or another person on the premises with the tenant’s consent.

The reasonable cost to correct the condition must be less than the greater of $300 or one-half of the monthly rent, provided that the cost may not exceed one month’s rent and that a tenant may not deduct more than one month’s rent during any 12-month period.

Before proceeding, the tenant must give written notice to the landlord of the tenant’s intention to correct the condition at the landlord’s expense. If the landlord fails to correct the condition within 14 days after receiving written notice, or as promptly as required in case of an emergency, the tenant may cause the work to be done in a workmanlike manner. If the tenant has the work done, the tenant may deduct from rent the actual and reasonable cost of the work, not exceeding the amount specified above, upon giving the landlord an itemized statement including receipts.

However, if the landlord provides to the tenant within the 14-day period a written notice disputing the necessity of the repair, then the tenant may not deduct the repair cost from rent without securing, before the repairs are performed, a written certification from a local governmental body that the condition to be repaired constitutes a violation of a housing or building code. If this certification is issued, the tenant may have the work done as described above only if the landlord fails to correct the condition within 14 days after receiving notice of the certification, or as promptly as required in case of an emergency.

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Fair Debt Collection Practices Act

It is recommended that all notices to tenants be signed by the landlord rather than the landlord's attorney. The reason for this has to do with how the federal courts are interpreting the Fair Debt Collection Practices Act. The courts in several circuits have decided in the past few years that the act applies to landlord/tenant cases.

When attorneys give notices on behalf of landlords, the attorneys are required to also give certain warnings required by the FDCPA and must allow the recipient at least 30 days to respond. Most landlords will prefer for action to commence much sooner than 30 days after notices are given. If a landlord's attorney fails to comply with the law, both the landlord and the attorney can be liable for damages under the law.

However, when landlords give notices to tenants themselves, they are not required to give the FDCPA warnings, and it is not necessary to allow 30 days for tenants to respond.

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Prohibited Discrimination

Federal and Missouri fair housing laws strictly prohibit discrimination based on a number of factors including:

The main federal law is the Fair Housing Act, 42 U.S.C. §§ 3601-3631. Another relevant federal law is the Americans with Disabilities Act, 42 U.S.C. §12101 et seq. The primary Missouri statute is §213.040 RSMo. Most of the prohibited categories of discrimination are self-explanatory. However, "disability" and "familial status" require further explanation.

"Disability" is defined for purposes of housing discrimination as (1) having a physical or mental impairment which substantially limits one or more of a person's major life activities, or (2) being regarded as having such an impairment, or (3) having a record of having such an impairment, which, with or without accommodation, does not interfere with occupying the dwelling in question.

"Disability" does not include current illegal use of or addiction to illegal drugs. However, a person may be considered to have a disability if he or she: (1) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of, and is not addicted to, an illegal drug or has otherwise been rehabilitated successfully and is no longer engaging in such use and is not currently addicted; or (2) is participating in a supervised rehabilitation program and is no longer engaging in illegal use of illegal drugs; or (3) is erroneously regarded as currently illegal using, or being addicted to, an illegal drug.

"Familial status" is defined as one or more individuals who have not attained the age of 18 years being domiciled with either (1) a parent or another person having legal custody of such individual, or (2) the designee of such parent or other person having such custody, with the written permission of such parent or other person. The protections against discrimination based on familial status also apply to any person who is pregnant or who is in the process of securing legal custody of any individual who has not yet attained the age of 18 years.

The prohibition of familial status discrimination does not:

Prohibited acts of discrimination against persons in the protected categories include:

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