SB 781 Modifies various provisions relating to landlords, tenants, and real property
Sponsor: Smith
LR Number: 3109L.10C Fiscal Note: 3109-10
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 5/16/2008 - S Calendar S Bills with H Amendments--SCS for SB 781-Smith, with HCS#2, as amended Journal Page:
Title: HCS#2 SCS SB 781 Calendar Position: 2
Effective Date: Varies
House Handler: Stevenson

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Current Bill Summary


HCS#2/SCS/SB 781 - This act modifies a variety of laws relating to real property, landlord-tenant actions, and certain sporting events.

The act provides that a water or sewer line easement granted to the county commission or any other political subdivision shall not be construed as a transfer of title of real property. Section 49.292.

Owners of property are forbidden from leasing any building, apartment, or house to anyone who sponsors or permits any amateur mixed martial arts contests on the premises, unless the lessee complies with all applicable regulations on such contests. Additionally, the Division of Professional Registration within the Department of Insurance, Financial Institutions, and Professional Registration is authorized to regulate professional and amateur mixed martial arts contests held in Missouri, and the division is forbidden from granting a permit for such contests where any participant is younger than 18. These provisions contain an emergency clause. Section 317.006, 317.011, and 317.015.

The act provides that the written response required to be sent by a tenant to a landlord in order to prevent a premises from being deemed abandoned must be sent by certified mail, or other receipted delivery. Section 441.065.

A tenant shall not be liable to a landlord for rent for the remainder of a lease agreement if the residence is destroyed by an act of God or a man-made disaster, unless there is a contract to the contrary or the tenant caused the disaster. Section 441.645.

This act provides that no covenant for a fee or charge to be paid upon the transfer of an interest in real property shall be enforceable against any subsequent owner, purchaser, or mortgagee of any interest in real property. A transfer fee shall not include:

(1) Any consideration payable for the interest in real property being transferred;

(2) Any commission payable to a real estate broker under an agreement between the broker and the grantor or grantee;

(3) Any amount payable by a borrower to a lender pursuant to a loan secured by a mortgage against real property, including any fee payable to the lender for consenting to an assumption of the loan or a transfer of the real property subject to the mortgage any fees payable to the lender for estoppel letters or certificates, or any other consideration allowed by law payable to the lender in connection with the loan;

(4) Any amount payable by a lessee to a lessor under a lease;

(5) Any consideration payable to the holder of an option to purchase an interest in real property; or

(6) Any amount payable to a governmental authority. Section 442.558.

Currently, in forcible entry and detained cases, if summons cannot be served on the defendant in the ordinary manner provided by law, the judge must issue an order directing notices to be set up for 10 days on the premises in question and in one public place in the county where the defendant was deemed to dwell, if the plaintiff requests. This act provides that if summons cannot be served, notices must be set up for 10 days at the premises in question, but the act repeals the provisions that required the plaintiff to request the judge issue such an order, and the provision requiring notice to be set up in one public place. Section 534.090.

Currently, in rent and possession cases, summons must include a court date not more than 21 business days from the date the summons is issued. This act provides that in such cases, summons shall include a court date not more than 21 business days from the date the summons is returned, or the date an affidavit of posting and mailing of a copy of the summons is filed. Also, the act provides that if the plaintiff sends the summons and complaint by mail, the information must be sent by certified mail or other receipt delivery. If possession is granted in favor of the owner, the owner has the right to enter and dispose of any personal property left within the dwelling after 10 business days of taking possession. Section 535.030.

In rent and possession cases, current law requires the judge, upon return of summons executed, to set the case on the first available court date. This act requires the judge to set the court date as soon as practicable upon return of the served summons or upon filing with the court an affidavit of posting and mailing of a copy of the summons, but no later than 21 days following the service of summons or filing of affidavit and mailing of summons.

The act also provides that no landlord, nor his or her successors, assigns, agents or representatives shall be liable to any tenant or subtenant for any loss or damages to household goods, furnishings, fixtures, or any other personal property left at or in the dwelling by reason of the landlord's removal or disposal of the property under a court-ordered execution for possession of premises.

The act also provides that if, after the sheriff has completed the court-ordered execution, property is left by the tenant in or at the dwelling that is identified as the property of a third party, the landlord shall make a reasonable effort to notify such third party, who shall be given the opportunity to recover such property within five business days of the date such notice is received. If the landlord is unable to notify the third party, he or she may dispose of the property and shall incur no liability for loss or damage thereto. Section 535.040.

The amount of time a tenant's rent may be in arrears before a landlord may take action to recover possession of the demised premises is reduced from 6 months to 30 days. Section 535.120.

The act also repeals provisions of current law that required a court to stay execution for an order for removal or eviction, upon application of the person subject to removal or eviction, if the court finds any of enumerated instances exist, including circumstances such as that the person is drug dependent and will promptly enter a court-approved drug treatment program, that the person did not aid in the criminal activity or that a weapon was not possessed in connection with the activity that gave rise to the action, that the court will not issue a protective order, that the applicant has not previously received a stay of execution, or that the stay of execution will not endanger the well-being of the plaintiff or community. Section 441.880.

ALEXA PEARSON