441.240. Attachment for rent. - Missouri Statutes

Attachment for rent.

441.240. 1. Any person who shall be liable to pay rent, whether thesame be due or not, or whether the same be payable in money or other thing, ifthe rent be due within one year thereafter, shall be liable to attachment forsuch rent, in the following instances:

(1) When he intends to remove his property from the leased or rentedpremises;

(2) When he is removing his property from the leased or rented premises;

(3) When he has, within thirty days, removed his property from theleased or rented premises;

(4) When he shall in any manner dispose of the crop, or any partthereof, grown on the leased or rented premises, so as to endanger, hinder ordelay the collection of the rent;

(5) When he shall attempt to dispose of the crop, or any part thereof,grown on the leased or rented premises, so as to endanger, hinder or delay thecollection of the rent;

(6) When the rent is due and unpaid, after demand thereof. Provided, if such tenant be absent from such leased premises, demand may bemade of the person occupying the same.

2. The person to whom the rent is owing, or his agent, may, before anassociate circuit judge or the clerk of a court of record having jurisdictionof actions by attachment in ordinary cases, of the county in which thepremises lie, make an affidavit of one or more of the foregoing grounds ofattachment, and that he believes unless an attachment issue plaintiff willlose his rent; and upon the filing of such affidavit, together with astatement of plaintiff's cause of action, such officer shall issue anattachment for the rent against the personal property, including the cropsgrown on the leased premises, but no such attachment shall issue until theplaintiff has given bond, executed by himself or by some responsible personfor him, as principal, in double the amount sued for, with good security, tothe defendant to indemnify him if it appear that the attachment has beenwrongfully obtained; provided, if any person shall buy any crop grown ondemised premises upon which any rent is unpaid, and such purchaser hasknowledge of the fact that such crop was grown on demised premises, he shallbe liable in an action for the value thereof, to any party entitled thereto,or may be subject to garnishment at law in any suit against the tenant for therecovery of the rent.

(RSMo 1939 § 2986, A.L. 1945 p. 1107)

Prior revisions: 1929 § 2599; 1919 § 6893; 1909 § 7896

CROSS REFERENCE:

Attachment, generally, Chap. 521, RSMo

(1993) Landlord''s lien on tenant''s crops attach in year crops sprout, rather than in year crops are harvested and sold. Lien for 1989 rent attached to crops planted in 1989 and harvested in 1990. Jenkins v. Missouri Farmers Association, Inc., 851 S.W.2d 542 (Mo.App.W.D.).