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

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

535.020. Whenever any rent has become due and payable, and paymenthas been demanded by the landlord or the landlord's agent from the lesseeor person occupying the premises, and payment thereof has not been made,the landlord or agent may file a statement, verified by affidavit, with anyassociate circuit judge in the county in which the property is situated,setting forth the terms on which such property was rented, and the amountof rent actually due to such landlord; that the rent has been demanded fromthe tenant, lessee or person occupying the premises, and that payment hasnot been made, and substantially describing the property rented or leased.Giving the notice provided in section 441.060, RSMo, is not required priorto filing a statement or obtaining the relief provided in this chapter. Insuch case, the clerk of the court shall immediately issue a summonsdirected to such tenant or lessee and to all persons occupying thepremises, by name, requiring them to appear before the judge upon a day tobe therein named, and show cause why possession of the property should notbe restored to the plaintiff. The landlord or agent may, in such an actionfor unpaid rent, join a claim for any other unpaid sums, other thanproperty damages, regardless of how denominated or defined in the lease, tobe paid by or on behalf of a tenant to a landlord for any purpose set forthin the lease; provided that such other sums shall not be considered rentfor purposes of this chapter, and judgment for the landlord for recovery ofsuch other sums shall not by itself entitle the landlord to an order forrecovery of possession of the premises. The provisions of this sectionproviding for the filing of a statement before an associate circuit judgeshall not preclude adoption of a local circuit court rule providing for thecentralized filing of such cases, nor the assignment of such cases toparticular circuit or associate circuit judges pursuant to local circuitcourt rule or action by the presiding judge of the circuit. The case shallbe heard and determined under the practice and procedure provided in theMissouri rules of civil procedure, except where otherwise provided by thischapter.

(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