441.040. Landlord may take possession, when--landlord liable, when, burden of proof. - Missouri Statutes

Landlord may take possession, when--landlord liable, when, burden ofproof.

441.040. If any tenant violates the provisions of section 441.020 or441.030, the landlord, or person holding under the landlord, after givingten days' notice to vacate the premises, shall have a right to reenter thepremises and take possession of the premises, or to oust the tenant,subtenant or undertenant of any person on the premises with the permissionof the lessee, sublessee or underlessee by the procedure specified by law.The landlord shall have the burden to prove that the premises were beingused for the illegal possession, sale or distribution of controlledsubstances under a petition filed for that reason, but the landlord shallnot be liable for any damages resulting from the landlord's reliance onwritten notification to the landlord by a law enforcement authority thatthe premises are being used for the illegal conduct described in section441.020.

(RSMo 1939 § 2968, A.L. 1997 H.B. 361)

Prior revisions: 1929 § 2582; 1919 § 6878; 1909 § 7881

(1956) This section has no application to a three-year lease. Waring v. Rogers (A.), 286 S.W.2d 374.