535.040. Upon return of summons, cause to be heard--landlord not liable, when--landlord notification of property left by tenant.

MISSOURI STATUTES AND CODES

535.040. Upon return of summons, cause to be heard--landlord not liable, when--landlord notification of property left by tenant.

Upon return of summons, cause to be heard--landlord not liable,when--landlord notification of property left by tenant.

535.040. 1. Upon the return of the summons executed, the judge shallset the case on the first available court date and shall proceed to hearthe cause, and if it shall appear that the rent which is due has beendemanded of the tenant, lessee or persons occupying the property, and thatpayment has not been made, and if the payment of such rent, with all costs,shall not be tendered before the judge, on the hearing of the cause, thejudge shall render judgment that the landlord recover the possession of thepremises so rented or leased, and also the debt for the amount of the rentthen due, with all court costs and shall issue an execution upon suchjudgment, commanding the officer to put the landlord into immediatepossession of the property leased or rented, and to make the debt and costsof the goods and chattels of the defendant. No money judgment shall begranted to the plaintiff if the defendant is in default and service was bythe posting procedure provided in section 535.030 unless the defendantotherwise enters an appearance. The officer shall deliver possession ofthe property to the landlord within five days from the time of receivingthe execution, and the officer shall proceed upon the execution to collectthe debt and costs, and return the writ, as in the case of otherexecutions. If the plaintiff so elects, the plaintiff may sue forpossession alone, without asking for recovery of the rent due.

2. Except for willful, wanton, or malicious acts or omissions,neither the landlord nor his or her successors, assigns, agents, norrepresentatives shall be liable to any tenant or subtenant for loss ordamage to any household goods, furnishings, fixtures, or any other personalproperty left in or at the dwelling by the tenant or subtenant of suchdwelling, by the reason of the landlord's removal or disposal of theproperty under a court-ordered execution for possession of the premises.

3. Notwithstanding the provisions of subsection 2 of this section,if, after the sheriff has completed the court-ordered execution, propertyis left by the tenant in or at the dwelling bearing a conspicuous permanentlabel or marking identifying it as the property of a third party, thelandlord shall notify the third party by certified mail with a returnreceipt requested. The third party shall be given an opportunity torecover such property within five business days of the date such notice isreceived. If the landlord is unable to notify the third party, thelandlord may remove or dispose of such property and shall incur noliability for any loss or damage thereto.