Missouri Revised Statutes













Chapter 535

Landlord-Tenant Actions

←535.010

Section 535.020.1

535.030→

August 28, 2015

Procedure to recover possession--filing of statement--issuance of summons--procedure.

535.020. Whenever any rent has become due and payable, and payment has

been demanded by the landlord or the landlord's agent from the lessee or

person occupying the premises, and payment thereof has not been made, the

landlord or agent may file a statement, verified by affidavit, with any

associate circuit judge 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

tenant, lessee or person occupying the premises, and that payment has not been

made, and substantially describing the property rented or leased. Giving the

notice provided in section 441.060 is not required prior to filing a

statement or obtaining the relief provided in this chapter. In such case, the

clerk of the court shall immediately issue 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 show cause why

possession of the property should not be restored to the plaintiff. The

landlord or agent may, in such an action for unpaid rent, join a claim for

any other unpaid sums, other than property damages, 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 judgment

for the landlord for recovery of such other sums shall not by itself entitle

the landlord to an order for recovery of possession of the premises. The

provisions of this section providing for the filing of a statement before an

associate circuit judge shall not preclude adoption of a local circuit court

rule providing for the centralized filing of such cases, nor the assignment of

such cases to particular circuit or associate circuit judges pursuant to

local circuit court rule or action by the presiding judge of the circuit.

The case shall be heard and determined under the practice and procedure

provided in the Missouri rules of civil procedure, 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





1997



1997



535.020. Whenever any rent has become due and payable, and payment

has been demanded by the landlord or the landlord's agent from the lessee

or person occupying the premises, and payment thereof has not been made,

the landlord or agent may file a statement, verified by affidavit, with any

associate circuit judge 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 tenant, lessee or person occupying the premises, and that payment has

not been made, and substantially describing the property rented or leased.

In such case, the clerk of the court shall immediately issue 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 show cause why possession of the property should not

be restored to the plaintiff. The landlord or agent may, in such an action

for unpaid rent, join a claim for any other unpaid sums, other than

property damages, 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 judgment for the landlord for recovery of

such other sums shall not by itself entitle the landlord to an order for

recovery of possession of the premises. The provisions of this section

providing for the filing of a statement before an associate circuit judge

shall not preclude adoption of a local circuit court rule providing for the

centralized filing of such cases, nor the assignment of such cases to

particular circuit or associate circuit judges pursuant to local circuit

court rule or action by the presiding judge of the circuit. The case shall

be heard and determined under the practice and procedure provided in the

Missouri rules of civil procedure, except where otherwise provided by this

chapter.



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