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Missouri Forcible Entry and Detainer Law

Landlord Tenant – Forcible Entry and Detainer Law – Missouri

TITLE XXIX
OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 534
Forcible Entry and Unlawful Detainer

What entries deemed lawful.

No person shall enter upon or into any lands, tenements or other possessions, and detain and hold the same, but when entry is given by law, and then only in a peaceable manner.  Title 29, Chap. 534, §534.010

Forcible entry and detainer defined.

If any person shall enter uponn or into any lands, tenements or other possessions, with force or strong hand, or with weapons, or by breaking open the doors or windows or other parts of a house, whether any person be in it or not, or by threatening to kill, maim or beat the party in possession, or by such words or actions as have a natural tendency to excite fear or apprehension of danger, or by putting out of doors or carrying away the goods of the party in possession, or by entering peaceably and then turning out by force, or frightening, by threats or other circumstances of terror, the party out of possession, and detain and hold the same–in every such case, the person so offending shall be deemed guilty of a “forcible entry and detainer” within the meaning of this chapter.  Title 29, Chap. 534, §534.020

(RSMo 1939 § 2832) Prior revisions: 1929 § 2446; 1919 § 2994; 1909 § 7656

Unlawful detainer defined.

When any person willfully and without force holds over any lands, tenements or other possessions, after the termination of the time for which they were demised or let to the person, or the person under whom such person claims; or after a mortgage or deed of trust has been foreclosed and the person has received written notice of a foreclosure; or when premises are occupied incident to the terms of employment and the employee holds over after the termination of such employment; or when any person wrongfully and without force, by disseisin, shall obtain and continue in possession of any lands, tenements or other possessions, and after demand made, in writing, for the delivery of such possession of the premises by the person having the legal right to such possession, or the person’s agent or attorney, shall refuse or neglect to vacate such possession, such person is guilty of an “unlawful detainer”.  Title 29, Chap. 534, §534.030.

(RSMo 1939 § 2833, A.L. 1997 H.B. 361) Prior revisions: 1929 § 2447; 1919 § 2995; 1909 § 7657

Estates comprehended in sections 534.010 to 534.030.

Sections 534.010 to 534.030 shall extend to and comprehend terms for years, and all estates, whether freehold or less than freehold.  Title 29, Chap. 534, §534.040.

(RSMo 1939 § 2834) Prior revisions: 1929 § 2448; 1919 § 2996; 1909 § 7658

Demand for possession, how made and proved.

The demand required by section 534.030 shall be made either by delivering a copy of such demand to the person in possession, or by leaving such copy with some person above the age of fifteen years, residing on or being in charge of the premises; or, if no such person be in the actual occupancy thereof, then by posting such copy on the premises. When the demand shall be made by an officer authorized to serve judicial process, his return shall be prima facie evidence of the facts therein stated; and if such demand be made by any other person, the return shall be sworn to by such person, and shall then be prima facie evidence of the facts therein stated.  Title 29, Chap. 534, §534.050.

(RSMo 1939 § 2867) Prior revisions: 1929 § 2481; 1919 § 3029; 1909 § 7691

Before whom cognizable–centralized filing–assignment of cases.

Forcible entries and detainers, and unlawful detainers, may be heard and determined by any associate circuit judge of the county in which they are committed. Neither the provisions of this section or any other section in this chapter shall preclude adoption of a local circuit court rule providing for the centralized filing of such cases, nor the assignment of such cases to particular associate circuit or circuit judges pursuant to local circuit court rule or action by the presiding judge of the circuit. Such cases shall be heard and determined by associate circuit judges unless a circuit judge is transferred or assigned to hear such case or cases or unless the plaintiff pursuant to subsection 2 of section 478.250, RSMo, has designated the case as one to be heard under the practice and procedure applicable before circuit judges and the case is heard by a circuit judge. If the case is heard before an associate circuit judge who has not been specially assigned to hear the case on the record, to the extent practice and procedure are not provided in this chapter the practice and procedure provided in chapter 517, RSMo, shall apply. If the case is heard initially before an associate circuit judge who has been specially assigned to hear the case on a record or before a circuit judge, the case shall be heard and determined under the same practice and procedure as would apply if the case was being heard upon an application for trial de novo, and in such instances, notwithstanding the specific references to chapter 517, RSMo, in this chapter, the practice and procedure provided in the Missouri Rules of Civil Procedure and the extant provisions of The Civil Code of Missouri shall apply instead of those contained in chapter 517, RSMo.  Title 29, Chap. 534, §534.060.

(RSMo 1939 § 2835, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 2449; 1919 § 2997; 1909 § 7659  Effective 1-2-79

Complaint and summons–court date assigned, when.

1. When complaint to the circuit court of the proper county shall be made in writing, signed by the party aggrieved, his agent or attorney, and sworn to, specifying the lands, tenements or other possessions so forcibly entered and detained, or unlawfully detained, and by whom and when done, it shall be the duty of the judge hearing such case to issue his summons under his hand, directed to the sheriff or proper officer of the county, commanding him to summon the person against whom the complaint shall have been made to appear, at a day in such summons to be specified.
2. A court date shall be assigned at the time the summons is issued. The court date shall be for a day certain which is not more than twenty-one business days from the date the summons is issued unless, at the time the case is filed, the plaintiff or plaintiff’s attorney consents in writing to a later date.  Title 29, Chap. 534, §534.070.

(RSMo 1939 § 2836, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634, A.L. 1999 H.B. 242)

Prior revisions: 1929 § 2450; 1919 § 2998; 1909 § 7660

Form of summons.

The summons shall be endorsed on or annexed to the complaint, and may be in the following form:

The state of Missouri, to the sheriff of the county of ………., greeting: You are hereby commanded to summon E F, of the county of ………., to appear before the undersigned judge within and for said county, at ………. therein, on the ………. day of ………., at the hour of ………. of the clock in the forenoon, then and there to answer and defend against the complaint of G H, of forcible entry and detainer (or of unlawful detainer, as the case may be), made by the said E F upon the land of the said G H, as by the complaint of the said G H, hereto annexed, will more fully appear, and have you then and there this writ, with the return of your proceedings thereon.

Given under my hand this ………. day of ………., 19….

A B, Judge.

Title 29, Chap. 534, §534.080. (RSMo 1939 § 2837, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634).

Prior revisions: 1929 § 2451; 1919 § 2999; 1909 § 7661  Effective 1-2-79

Serving of summons–service by mail–publication of notice.

1. Such summons shall be served as in other civil cases at least four days before the court date specified in such summons.
2. If the summons in such action cannot be served in the ordinary manner as provided by law, it shall be the duty of the judge before whom the proceeding is commenced, at the request of the plaintiff, to make an order directing that notices shall be set up for ten days on the premises in question and in one public place in the county where the defendant was believed to dwell, informing the defendant of the commencement of the proceedings against the defendant and to make an order directing that a copy of the summons be delivered to the defendant at the defendant’s last known address by certified mail, return receipt requested, delivered to addressee only. On proof of the notice and of the mailing of the notice by certified mail by affidavit of some competent witness, the judge shall proceed to hear the case as if there had been personal service, and judgment shall be rendered and proceedings had as in other cases, except that where the defendant is in default no money judgment shall be granted the plaintiff under the order of publication and certified mail procedure set forth in this section. If such summons is returned executed, then the judge shall set the case on the next available court date.  Title 29, Chap. 534, §534.090.

(RSMo 1939 § 2838, A.L. 1945 p. 1089, A.L. 1971 H.B. 99, A.L. 1972 S.B. 482, A.L. 1978 H.B. 1634, A.L. 1997 H.B.361, A.L. 1999 H.B. 242)

Prior revisions: 1929 § 2452; 1919 § 3000; 1909 § 7662

Return of officer.

The officer shall, on or before the trial day, return the summons and certify thereon, or annex thereto, how he executed it.  Title 29, Chap. 534, 534.100.

(RSMo 1939 § 2839)Prior revisions: 1929 § 2453; 1919 § 3001; 1909 § 7663

Power to issue subpoenas and compel attendance of witnesses.

The judge shall have power to issue subpoenas for witnesses on the application of either party, and if the witnesses summoned do not attend, may issue an attachment to compel their attendance, and may continue the cause at his discretion, not exceeding ten days.  Title 29, Chap. 534, §534.110.

(RSMo 1939 § 2855, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 2469; 1919 § 3017; 1909 § 7679 Effective 1-2-79

Failure to prosecute, nonsuit.

If the complainant fail to attend and prosecute his suit in person, or by agent or attorney, at the time appointed for the hearing of the complaint, he shall be nonsuited, and the defendant shall recover his costs.  Title 29, Chap. 534, §534.120.

(RSMo 1939 § 2840) Prior revisions: 1929 § 2454; 1919 § 3002; 1909 § 7664

Failure of defendant to appear.

If the defendant, being duly summoned, does not appear at the time appointed for hearing the complaint, the judge shall proceed with the hearing of the cause.  Title 29, Chap. 534, §534.130.

(RSMo 1939 § 2841, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 2455; 1919 § 3003; 1909 § 7665 Effective 1-2-79

Both parties appear–proceedings.

When both parties appear before the judge in person, or by agent or attorney, at the time appointed for the trial of the cause, the judge shall proceed to examine the complaint and proofs of the parties, and judgment shall thereupon be rendered according to the finding of the judge, as herein directed.  Title 29, Chap. 534, §534.140.

(RSMo 1939 § 2842, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 2456; 1919 § 3004; 1909 § 7666 Effective 1-2-79

Demand for trial by jury.

Either party shall have the right to a jury trial if a timely request therefor is made as in other civil cases.  Title 29, Chap. 534, §534.160.

(RSMo 1939 § 2843, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 2457; 1919 § 3005; 1909 § 7667 Effective 1-2-79

Amendments permitted and new parties added, when.

Any judge may, in open court and at any time, in furtherance of justice and on such terms as may be proper, on motion of either party, allow any complaint, summons, writ or other proceeding to be amended and permit new parties as coplaintiffs or codefendants to be added and correct a mistake in the name of either party. Title 29, Chap. 534, §534.170.

(RSMo 1939 § 2856, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 2470; 1919 § 3018; 1909 § 7680  Effective 1-2-79

Depositions may be taken.

Depositions may be taken to be read on trial of any such cause in the same manner as in causes before circuit judges.  Title 29, Chap. 534, §534.180.

(RSMo 1939 § 2857, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 2471; 1919 § 3019; 1909 § 7681 Effective 1-2-79

When depositions may be read.

Every such deposition taken and returned according to law may be read if competent and relevant, as evidence in the cause in the same manner and under the same circumstances as in the trial of civil causes before circuit judges.  Title 29, Chap. 534, §534.190.

(RSMo 1939 § 2858, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 2472; 1919 § 3020; 1909 § 7682 Effective 1-2-79

Proof required of complainant.

The complainant shall not be compelled to make further proof of the forcible entry or detainer than that he was lawfully possessed of the premises, and that the defendant unlawfully entered into and detained or unlawfully detained the same.  Title 29, Chap. 534, §534.200.

(RSMo 1939 § 2844, A.L. 1945 p. 1089) Prior revisions: 1929 § 2458; 1919 § 3006; 1909 § 7668

Merits of title cannot be inquired into.

The merits of the title shall in nowise be inquired into, on any complaint which shall be exhibited by virtue of the provisions of this chapter.  Title 29, Chap. 534, §534.210.

(RSMo 1939 § 2853) Prior revisions: 1929 § 2467; 1919 § 3015; 1909 § 7677

Rights under derivative titles may be shown.

Evidence for proof of rights under derivative titles, provided for by this chapter, shall be admissible in actions instituted under this chapter.  Title 29, Chap. 534, §534.220.

(RSMo 1939 § 2866) Prior revisions: 1929 § 2480; 1919 § 3028; 1909 § 7690

Extent of claim of person having lawful possession.

When any forcible entry and detainer, or unlawful detainer, shall be made upon any lands or other possessions, against the provisions of this chapter, the person having the lawful possession, shall, against the wrongdoer, be considered as entitled to such quantity, extent and limits of lands as by the patent, grant, concession, deed, survey, donation, settlement or preemption right, such person or those under whom he claims can, by the laws of the United States or of this state, have and lawfully claim in and to such premises.  Title 29, Chap. 534, §534.230.

(RSMo 1939 § 2860) Prior revisions: 1929 § 2474; 1919 § 3022; 1909 § 7684

Extent of claim where there has been no survey.

Where no legal survey has been made of such possession, the improvement of the person entitled to the possession shall be in the middle of the tract as near as may be, making the survey as near in a square as may be, not to interfere with any established survey or line, or any conditional line agreed upon by the adjoining proprietors or possessors.  Title 29, Chap. 534, §534.240.

(RSMo 1939 § 2861) Prior revisions: 1929 § 2475; 1919 § 3023; 1909 § 7685

Persons having settlement on public lands may maintain action, when.

Every person who shall have a settlement or field on public land, who shall reside on or be in possession of the same at the time of the forcible entry and detainer, or unlawful detainer, shall have the same remedy as is herein provided in such cases, against any person who shall make such unlawful entry upon him; provided, that any person having authority from the United States, or lawfully claiming under them, shall have power to enter into such land.  Title 29, Chap. 534, §534.250.

(RSMo 1939 § 2859) Prior revisions: 1929 § 2473; 1919 § 3021; 1909 § 7683

Heirs, devisees entitled to what remedies.

Heirs, devisees, grantees and assigns of any lands, tenements or other real possessions, and executors and administrators in charge of lands of deceased persons, shall be entitled to the same remedies against persons guilty of forcible entry and detainer or unlawful detainer of such lands, tenements or other real possessions, before the descent, devise, grant or assignment thereof, or the granting of letters, as the ancestor, devisor, grantor, assignor or intestate was entitled to by virtue of this chapter.  Title 29, Chap. 534, §534.260.

(RSMo 1939 § 2863) Prior revisions: 1929 § 2477; 1919 § 3025; 1909 § 7687

If lessor dies, remedy survives to heirs.

If any lessor of any lands, tenements or other real possessions shall die or shall grant or assign such lands or tenement or other real possessions, before the expiration of the term for which they were demised or let, his heirs, devisees, grantees, assigns and executors or administrators in charge of the lands of such lessor shall have the same remedies against anyone guilty of an unlawful detainer, by holding over such lands, tenements or other real possessions after the term for which they were demised or let, as such lessor would have if he had not died, or had not granted or assigned such lands, tenements or other real possessions.  Title 29, Chap. 534, §534.270.

(RSMo 1939 § 2864) Prior revisions: 1929 § 2478; 1919 § 3026; 1909 § 7688

Effect of forfeiture of lease.

The determination of any lease by forfeiture shall, within the purview of this chapter, have the same effect as if the term thereby created had expired. Title 29, Chap. 534, §534.280.

(RSMo 1939 § 2865) Prior revisions: 1929 § 2479; 1919 § 3027; 1909 § 7689

New tenant may maintain action, when.

Where the action of unlawful detainer is brought by a landlord against his tenant holding over after the termination of the tenancy, it shall be no defense to show that the plaintiff, before such termination, has let the premises to another person; and in case of such new letting, the new tenant after demand made in writing requiring the delivery of possession of such premises and setting forth his title, if the possession be refused, may maintain an action of unlawful detainer against the tenant holding over, if there be no such action by the landlord pending.  Title 29, Chap. 534, §534.290.

(RSMo 1939 § 2868) Prior revisions: 1929 § 2482; 1919 § 3030; 1909 § 7692

Three years’ possession a bar to the action.

The provisions of this chapter shall not extend to any person who has had the uninterrupted occupation or been in quiet possession of any lands or tenements for the space of three whole years together, immediately preceding the filing of the complaint, or who has continued three whole years in the peaceable possession after the time for which the premises were demised or let to him, or those under whom he claims, shall have expired.  Title 29, Chap. 534, §534.300.

(RSMo 1939 § 2854) Prior revisions: 1929 § 2468; 1919 § 3016; 1909 § 7678

Verdict for complainant–what it shall include.

Whenever the verdict of the jury or finding of the judge shall be for the complainant, damages shall be assessed as well for waste and injury committed upon the premises found to have been forcibly or unlawfully detained, as for all rents and profits due and owing up to the time of the rendering of the verdict or finding of the judge, and such verdict or finding shall also state the monthly value of the rents and profits of said premises.  Title 29, Chap. 534, §534.310.

(RSMo 1939 § 2845, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 2459; 1919 § 3007; 1909 § 7669

Verdict may be corrected in matters of form.

No verdict shall be set aside for informality, but the judge may in the presence of the jury, correct the same in matters of form, changing no matter of substance. Title 29, Chap. 534, §534.320.

(RSMo 1939 § 2848, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 2462; 1919 § 3010; 1909 § 7672 Effective 1-2-79

Judgment on verdict for complainant.

1. If the verdict of the jury or the finding of the judge is for the complainant, the judge shall record the verdict or finding, and the judgment shall be that the complainant have restitution of the premises found to have been forcibly or unlawfully detained, and recover from the defendant the sum of . . . . . . dollars, double the sum assessed by the jury, or found for his damages; and also at the rate of . . . . . dollars, double the sum found per month, for rents and profits, from the . . . . . . day of . . . . . ., 20. ., the day of judgment, until restitution be made, together with costs.
2. The court, upon issuing judgment in favor of the plaintiff pursuant to subsection 1 of this section, shall, within two business days following the date the judgment becomes final, transmit a copy of such judgment to the law enforcement agency with jurisdiction to enforce such judgment.  Title 29, Chap. 534, §534.330.

(RSMo 1939 § 2850, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634, A.L. 1997 H.B. 361)

Prior revisions: 1929 § 2464; 1919 § 3012; 1909 § 7674 (1972) Where addendum to lease provided that failure to pay rental installments on or before date due would result in immediate termination of right to possession, that no notice of any kind would be required, and that time was of the essence, court ruled on appeal from unlawful detainer action that appellant landlord would be held to scrupulous observance of every common law requirement unless waived by agreement and found that landlord’s conduct in accepting ten consecutive monthly rent payments late raised submissible fact issue as to waiver of strict compliance by tenant. Fritts v. Cloud Oak Flooring Company (A.), 478 S.W.2d 8. (1974) Exact amount due must be remanded on day it becomes due to authorize recovery under this section. New Brentwood Realty v. Strad, Inc. (A.), 509 S.W.2d 214.

Transcript of judgment–revived and enforced, how.

Such judgment may be filed, transcripted and shall have like effect as other judgments and may be revived and enforced in the same manner. Title 29, Chap. 534, §534.340.

(RSMo 1939 § 2862, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 2476; 1919 § 3024; 1909 § 7686 Effective 1-2-79

Notice of default judgment in eviction proceeding must be sent to defaulting party.

In an action pursuant to chapter 441, RSMo, chapter 524, RSMo, or this chapter, the court in entering a judgment for possession of the premises shall, if the defendant defaults, send a notice to the party ordered to relinquish possession that a judgment for possession of the premises has been entered against said party, and said party must vacate the premises when the judgment is final.  Title 29, Chap. 534, §534.345.

(L. 1997 H.B. 361)

Unauthorized sublessor or assignor of leased premises, double damages, when.

In any action against any tenant to recover rent, or possession of any premises pursuant to chapter 534 or 535, RSMo, if it appears from the evidence that such tenant allowed another person or persons to come into sole possession of any lands or tenements under or by collusion with such tenant and without the permission of the landlord, the court may, in addition to the rent due, allow the prevailing party damages not to exceed twice the amount of the rent due. Nothing in this section shall be contrued to limit the landlord’s ability to recover attorney’s fees, other expenses or damages, or to pursue other remedies provided in the lease.  Title 29, Chap. 534, §534.347.

(L. 1997 H.B. 361)

Execution–when issued and levied.

The judge rendering judgment in any such cause may issue execution at any time after judgment, but such execution shall not be levied until after the expiration of the time allowed for the filing of an application for trial de novo or the taking of an appeal, except as in the next succeeding section is provided. Title 29, Chap. 534, §534.350.

RSMo 1939 § 2888, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 2502; 1919 § 3050; 1909 § 7712 Effective 1-2-79

Court may include in judgment of possession an order to sheriff requiring

delivery of premises to prevailing party within fifteen days.

In an action pursuant to chapter 441, RSMo, chapter 524, RSMo, chapter 535, RSMo, or this chapter, the court in entering a judgment for possession of the premises, at the request of the prevailing party, may order the sheriff or appropriate officer to deliver possession of the premises to the prevailing party within fifteen days of the date the judgment becomes final. Said order may be withdrawn at the request of the prevailing party.  Title 29, Chap. 534, §534.355.

(L. 1997 H.B. 361)

Execution, when defendant is about to abscond.

If it shall appear to the officer having charge of the execution that the defendant therein is about to remove, conceal or dispose of his property, so as to hinder or delay the levy, the rents and profits, damages and costs may be levied before the expiration of the time all owed for thefiling of an application for a trial de novo or taking an appeal.  Title 29, Chap. 534, §534.360.

(RSMo 1939 § 2889, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 2503; 1919 § 3051; 1909 § 7713 Effective 1-2-79

Form of execution against defendant.

Executions against defendants shall contain a clause of restitution, and, in other respects, conform to the judgment, and may be in the following form:

The state of Missouri, to the sheriff of the county of ………., greeting: Whereas, G H, on the ………. day of ………., 20…, obtained judgment before the undersigned judge for the county of ………., against E F, that the said G H have restitution of (here insert a description of the premises, as in the complaint, if the verdict be for the whole, or as in the verdict, if it be for a part), and that he recover of the said E F the sum of ………. dollars for his damages, and also at the rate of ………. dollars per month for rents and profits, from the ………. day of ………., 20…, until restitution be made, together with costs: You are, therefore, commanded to take with you the power of the county, if necessary, and to cause the said E F to be forthwith removed from the said premises, and the said G H to have peaceable possession thereof; and that of the goods and chattels of the said E F you cause to be levied the damages, rents and profits aforesaid, with the sum of ………. dollars for costs and ………. for this writ and your fees hereon, and that you return this writ, with your doings thereon, to the undersigned within twenty days from the date hereof. Given under my hand this ………. day of ………., 20….

A B, Judge.

Title 29, Chap. 534, §534.370.

(RSMo 1939 § 2851, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 2465; 1919 § 3013; 1909 § 7675  Effective 1-2-79

Judgment stay for appeals and trial de novo.

Applications for trials de novo and appeals shall be allowed and conducted in the manner provided in chapter 512, RSMo. Application for a trial de novo or appeal shall not stay execution for restitution of the premises unless the defendant gives bond within the time for appeal. The bond shall be for the amount of the judgment and with the condition to stay waste and to pay all subsequently accruing rent, if any, into court within ten days after it becomes due, pending determination of the trial de novo or appeal, subject to the judge’s discretion. However, in any case in which the defendant receives a reduction in rent due to a local, state or federal subsidy program, the amount of the bond shall be reduced by the amount of said subsidy.  Execution other than for restitution shall be stayed if the defendant files a bond in the proper amount at such time as otherwise provided by law.  Title 29, Chap. 534, §534.380.

(L. 1978 H.B. 1634, A.L. 1997 H.B. 361)  *No continuity with § 534.380 as repealed by L. 1978 H.B. 1634; compare with § 534.400, repealed by L. 1978 H.B. 1634.

Proceedings on default of defendant.

In case of a judgment by default, a jury, or the court if no jury be required, shall assess the monthly value of the premises, and the damages and judgment shall be rendered on the verdict accordingly.  Title 29, Chap. 534, §534.540.

(RSMo 1939 § 2901) Prior revisions: 1929 § 2515; 1919 § 3063; 1909 § 7725

Appeals to supreme court–supersedeas.

No appeal to the appellate or supreme court shall operate as a stay of execution, nor shall any supersedeas be awarded to the party in possession, unless the condition of the recognizance contain the substance of the condition prescribed by this chapter in cases of appeals by a defendant, and the penalty and security be sufficient to secure the performance thereof.  Title 29, Chap. 534, §534.570.

(RSMo 1939 § 2904) Prior revisions: 1929 § 2518; 1919 § 3066; 1909 § 7728

Writs of restitution, against whom executed.

The officer having charge of a writ of restitution or rerestitution, or execution with a clause to that effect, shall have power to expel and remove from the premises mentioned and defendant therein named, his servants and others under his control, and all other persons who shall have entered thereon after the commencement of the suit otherwise than by process of law, and to deliver to the plaintiff possession thereof. Title 29, Chap. 534, §534.590.

(RSMo 1939 § 2906) Prior revisions: 1929 § 2520; 1919 § 3068; 1909 § 7730


Inside Missouri Forcible Entry and Detainer Law