441.120. Oral evidence not to show renewal of lease or change--notice to quit. - Missouri Statutes

Oral evidence not to show renewal of lease or change--notice to quit.

441.120. 1. In all cases where a tenant holds over afterthe termination of the time for which the premises were let orleased, under a written contract between the lessor or his agentand the tenant or his agent, in any suit for possession by theparty entitled to possession of said premises against suchtenant, after the termination of the time for which said premiseswere let or leased under written contract, oral evidence shallnot be admissible that said lease or letting was renewed orextended, or that a new contract was entered into or substitutedfor the written contract, but the tenant's right to continuedpossession or the landlord's right to collect rent on saidpremises after the termination thereof, shall be established bycontract in writing; provided, however, this section shall notprevent a recovery of damages by either party for breach of thewritten contract.

2. In all cases of an oral letting or leasing of realproperty for any agricultural year, tenancy at will or bysufferance, or for less than one year, if either party shallterminate said tenancy in accordance with the provisions ofsections 441.050 and 441.060, in any suit thereafter between saidparties, oral testimony shall not be admissible to vary, alter orabrogate the effect of the notice required and given undersections 441.050 and 441.060, but such notice may be varied,altered or abrogated only by written evidence thereof and bearingan actual date subsequent to the date of the notice provided forin said sections.

(RSMo 1939 § 2970)

CROSS REFERENCE:

New tenant may maintain action of unlawful detainer against tenant holding over, when, RSMo 534.290

(1953) Evidence showing tenant did additional work on premises with landlord's consent in reliance on new oral lease after expiration of written lease, held inadmissible. Harriman v. Hale (A.), 258 S.W.2d 27.