534.030. Unlawful detainer defined--foreclosure, notice to tenants, procedure.

MISSOURI STATUTES AND CODES

534.030. Unlawful detainer defined--foreclosure, notice to tenants, procedure.

Unlawful detainer defined--foreclosure, notice to tenants, procedure.

534.030. 1. When any person willfully and without force holds over anylands, tenements or other possessions, after the termination of the time forwhich they were demised or let to the person, or the person under whom suchperson claims; or after a mortgage or deed of trust has been foreclosed andthe person has received written notice of a foreclosure; or at least tenbusiness days have elapsed after the date of the notice described insubsection 3 of this section; or when premises are occupied incident to theterms of employment and the employee holds over after the termination of suchemployment; or when any person wrongfully and without force, by disseisin,shall obtain and continue in possession of any lands, tenements or otherpossessions, and after demand made, in writing, for the delivery of suchpossession of the premises by the person having the legal right to suchpossession, or the person's agent or attorney, shall refuse or neglect tovacate such possession, such person is guilty of an "unlawful detainer".

2. In any case where a foreclosed property is occupied prior to theforeclosure by a person who was a residential tenant, known in this section asthe occupant, not in violation of the provisions of section 441.020, RSMo,then after the foreclosure sale, the new owner of the property shall give theoccupant notice, as described in subsection 3 of this section, that the salehas occurred, that they are the new owner, and if said owner seeks possessionfrom the occupant that the occupant has not less than ten business days fromthe date of this notice to vacate the premises. No unlawful detainer actionor any other action seeking possession may be commenced against the occupantwithin ten business days following the date of notice by the new owner thatthe foreclosure sale has occurred. Nothing in this section creates a tenancybetween the new owner and the occupant. This section does not preclude thenew owner from entering into an agreement with the occupant that allows theoccupant to remain in the foreclosed property.

3. The notice required in subsection 2 of this section shall be sent bycertified or registered mail if the name of the occupant is known to the newowner. If the name of the occupant is not known to the new owner then thenotice shall be sent by regular mail and addressed to "occupant". Theenvelope containing such notice shall have the following words printed on theenvelope face: "Notice to Occupant Following Foreclosure". A notice shallalso be posted on the door of the premises where the occupant resides. Thenotices required in this subsection shall contain in substance the followingtext:

Attention Occupant: (name of the new owner of the foreclosed property) is nowthe owner of the property which you had been renting or leasing at (address offoreclosed property, including apartment number, if applicable) afterpurchasing it at a trustee's foreclosure sale on (date of foreclosure sale).Unless you agree with (new owner) to a rental or lease agreement for thepremises, (new owner), on or after (number not less than ten) business daysfollowing the date of this notice, may seek a court order or judgment to haveyou removed from the premises. Remaining on the premises after the date ofthis notice does not make you a tenant of the new owner. (Name of new owner)(Address of new owner) (Telephone number of new owner) (Fax number of newowner, optional) (E-mail address of new owner, optional)