SCS/HS/HCS/HB 361 - This act makes numerous changes in landlord-tenant relations.

DEFINITIONS - Meaning is given to various terms, including "premises" and "rent".

ORDERS TO VACATE - Any lessee allowing the illegal use of controlled substances upon the leased premises may be required to vacate the premises. The landlord shall have the burden to prove the premises were being used for such illegal purposes. (441.020, 441.040)

OCCUPANCY, TERMINATION - A limit of two persons per bedroom shall be presumed to be a reasonable occupancy limitation, excluding children born later. At least 30 days' written notice must be given to terminate a month-to-month tenancy. A tenancy on a mobile home lot for less than one year requires at least 60 days' notice for termination. (441.060)

TAKING POSSESSION - After judgment and execution, if the premises are not delivered to the landlord within 7 days, the landlord may take possession in the presence of a law enforcement officer without breach of the peace. The law officer must acknowledge receiving a copy of the judgment, and the plaintiff must file such acknowledgement in court within 5 days after taking possession. (441.060)

ABANDONMENT - Premises are deemed abandoned if the landlord has a reasonable belief as to abandonment, the rent is unpaid for 30 days and written notice is posted on the premises and sent by certified mail to the tenant, to which the tenant does not respond for 10 days. The landlord may remove the remaining property of the tenant. (441.065)

FORCIBLE ENTRY - Any landlord who removes a tenant's property without a judicial order, or who removes the locks or interrupts essential services, shall be deemed guilty of forcible entry and detainer. (441.223)

REPAIR AND DEDUCT - Tenants shall have the right to repair housing code violations which cost less than $300, or one half of the periodic rent, to fix (whichever is greater). The right is limited to tenants residing on the premises for at least 6 months. The tenant must provide the landlord 14 days notice of the intent to repair, except in emergency situations. The tenant must provide the landlord an itemized statement including receipts. Written certification of a housing code violation is required if the landlord disputes the necessity of the repair. Damage caused by intentional and negligent acts of the tenant and the tenant's family are excluded. (441.234)

IMMEDIATE EVICTIONS - A landlord or prosecuting attorney may bring a civil action for the immediate eviction of a tenant in the following situations: (1) an emergency likely to cause injury to tenants or the landlord or damage to the landlord's property in the amount twelve months' rent; or (2) drug-related criminal activity. A nonprofit organization or neighborhood association may pursue the case if the original plaintiff fails to do so.

The court shall order the removal of a person engaged in criminal activity. No tenant shall be evicted if he did not participate, did not know or have reason to know of the activity, or could not prevent the activity because of coercion. The tenant must be given 5 days' notice and the opportunity to seek legal action. Further procedures are detailed, including probationary tenancy. (441.710 - 441.880)

UNLAWFUL DETAINER - Any tenant holding over on the premises after receiving notice of a mortgage foreclosure is guilty of an unlawful detainer. The time for the service of the summons is limited. If the summons is executed, the judge shall set the case for the next immediate court date. A judgment in favor of the landlord shall be sent to law enforcement within 2 business days. The judgment may require restitution of the premises within 15 days. Appeal bonds shall be for the amount of judgment, plus any subsequent rent due from the tenant. The bond shall be reduced by any subsidy amount. (534.030 - 534.380)

RECOVERY OF POSSESSION UNDER CH. 535 - Summons shall be issued by the clerk of the court. The time for service of the summons is limited. The case shall be set by the judge on the next available court date.

A purchaser of rented property may recover rents according to the existing leases; the purchaser need not make a demand for the rent or show the deed of purchase, though notice of the transfer must be given to the tenants. No stay of execution shall be had for a judgment solely for possession. Any aggrieved party may have a trial de novo.

LANDLORD-TENANT COURT - A landlord-tenant court may be established by a majority of the judges in the 22nd judicial circuit, in the City of St. Louis, and in the 16th judicial circuit, in Jackson County. Two landlord-tenant court commissioners shall be appointed by a new judicial commission. The commissioners may hear cases of disputes between landlords and tenants. The commissioners shall be attorneys and shall receive 1/3 the compensation of an associate circuit court judge. The commissioners shall not be considered state employees. Any person aggrieved by a judgment shall have the right to a trial de novo. The costs of the new courts shall be borne by the local governments.
MICHAEL HOEFERKAMP