Effective 28 Aug 1997

441.060. Tenancy at will, sufferance, month to month, how terminated — judgment of eviction, how effectuated, landlord's liability. — 1. A tenancy at will or by sufferance, or for less than one year, may be terminated by the person entitled to the possession by giving one month's notice, in writing, to the person in possession, requiring the person in possession to vacate the premises.

2. An occupancy limitation of two persons per bedroom residing in a dwelling unit shall be presumed reasonable for this state. The two-person limitation shall not apply to a child or children born to the tenants during the course of the lease.

3. Except as otherwise provided by law, all contracts or agreements for the leasing, renting or occupation of stores, shops, houses, tenements or other buildings in cities, towns or villages, and of stores, shops, houses, tenements or other buildings except when such leasing, renting or occupation is as tenant of real estate used or rented for agricultural purposes, other than garden purposes, not made in writing, signed by the parties thereto, or their agents, shall be held and taken to be tenancies from month to month, and all such tenancies may be terminated by either party thereto, or the party's agent, giving to the other party, or the party's agent, one month's notice, in writing, of the party's intention to terminate such tenancy.

4. (1) Except as provided in subdivision (2), the landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other party stating that the tenancy shall terminate upon a periodic rent-paying date not less than one month after the receipt of the notice.

(2) When a person occupies and has an ownership interest in a mobile home and is leasing the land or the lot upon which the mobile home is located, a tenancy for less than one year may be terminated by the landlord by giving written notice to the tenant that the tenancy shall terminate not sooner than sixty days from the date the rent payment next becomes due, notwithstanding any written lease provision regarding earlier lease termination to the contrary.

5. If after the rendition of a judgment and a request for an execution on any judgment rendered in an action pursuant to chapter 524, chapter 534, chapter 535, or this chapter and there is no stay of execution, the service officer fails to deliver possession of the premises to the landlord within seven days of the delivery of the writ to such officer, the landlord may, within sixty days of the date of the judgment, in the presence of a municipal or county law enforcement officer of the jurisdiction in which the premises are located, without breach of the peace, break and remove locks, enter and take possession of the premises and remove any household goods, furnishings, fixtures or any other personal property left in or at the premises, provided the law enforcement officer is first presented a true copy of the judgment and order of execution, and the law enforcement officer acknowledges in writing such presentation, and such acknowledgment is filed in court by the plaintiff within five days following taking possession of the premises.

6. Except for negligent, willful or wanton acts or omissions of the landlord, or failure to both timely obtain and file the law enforcement officer acknowledgment described in the preceding subsection, the landlord shall have no liability for loss or damage to any household goods, furnishings, fixtures or any other personal property left in or at the dwelling unit, by reason of the landlord's removal of the property in accordance with the provisions of this section.

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(RSMo 1939 § 2971, A.L. 1951 p. 747, A.L. 1997 H.B. 361)

Prior revisions: 1929 § 2584; 1919 § 6880; 1909 § 7883

CROSS REFERENCE:

Leases, not in writing, operate as estates at will, 432.050

(1956) When on nonpayment of rent under lease by tenant, landlord invoked harsh remedy of common law forfeiture and sought to recover double damages and double rents, he would be held to strict requirements of common law as to forfeiture, i.e. that rent was required to be demanded on the day it became due. Waring v. Rogers (A.), 286 S.W.2d 374.

(1962) Where tenant did not give notice in writing of termination of month-to-month tenancy, landlord recovered rent for three month period extending to time landlord restored center partition in building which act constituted acceptance of surrender of premises. Rauth v. Dennison (A.), 357 S.W.2d 201.

(1963) Where tenant did not occupy dwelling house under written agreement, and written notice to remove was served on August 7, 1961, landlord had immediate right to possession when she sued in ejectment therefor on September 14, 1961, and restitution of possession was proper. Davis v. Broughton (A.), 369 S.W.2d 857.