SECOND REGULAR SESSION

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 932

91ST GENERAL ASSEMBLY


Reported from the Committee on Civil and Administrative Law, April 11, 2002, with recommendation that the House Committee Substitute for Senate Bill No. 932 Do Pass.

TED WEDEL, Chief Clerk

3950L.02C


AN ACT

To repeal sections 250.140 and 535.081, RSMo, and to enact in lieu thereof two new sections relating to notice provisions.




Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Sections 250.140 and 535.081, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 250.140 and 535.081, to read as follows:

250.140. 1. Sewerage services or water and sewerage services combined shall be deemed to be furnished to both the occupant and owner of the premises receiving such service and the city, town or village or sewer district rendering such services shall have power to sue the occupant or owner, or both, of such real estate in a civil action to recover any sums due for such services, plus a reasonable attorney's fee to be fixed by the court.

2. If the occupant of the premises receives the billing, any notice of termination of service shall be sent to both the occupant and owner of the premises receiving such service, if such owner has requested in writing to receive any notice of termination and has provided the entity rendering such service with the owner's business addresses.

535.081. The right of a successor in title to recover rents pursuant to section 535.070 requires adequate and timely notice to the tenant. Except in counties of the first classification as determined pursuant to section 48.020, RSMo, for the purposes of this section, "adequate and timely notice" means that the purchaser shall notify tenants in writing of the fact that title to the property has been transferred, and of the means of the transfer and the date of the transfer and the notice shall be attached to a copy of the deed which has been recorded. In counties of the first classification as determined pursuant to section 48.020, RSMo, in lieu of a copy of the deed which has been recorded, the notice required by this section may be attached to a notarized affidavit executed by both the prior owner of the property and the successor in title, which notarized affidavit shall state that the property has been transferred to the successor in title and the date on which the transfer occurred.






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