Mo. Rev. Stat. » Chapter 441
Missouri Revised Statutes

Mo. Rev. Stat. § 441.040 (2026)

Landlord may take possession, when

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section MO-REVrevisor.mo.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

  441.040.  Landlord may take possession, when — landlord liable, when, burden of proof. — If any tenant violates the provisions of section 441.020 or 441.030, the landlord, or person holding under the landlord, after giving ten days' notice to vacate the premises, shall have a right to reenter the premises and take possession of the premises, or to oust the tenant, subtenant or undertenant of any person on the premises with the permission of the lessee, sublessee or underlessee by the procedure specified by law.  The landlord shall have the burden to prove that the premises were being used for the illegal possession, sale or distribution of controlled substances under a petition filed for that reason, but the landlord shall not be liable for any damages resulting from the landlord's reliance on written notification to the landlord by a law enforcement authority that the premises are being used for the illegal conduct described in section 441.020.

­­--------

(RSMo 1939 § 2968, A.L. 1997 H.B. 361)

Prior revisions: 1929 § 2582; 1919 § 6878; 1909 § 7881

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1956–2025 · leading case: Waring v. Rogers, 286 S.W.2d 374 (Mo. Ct. App. 1956).
Sort: Relevance Newest Treatment
Waring v. Rogers, 286 S.W.2d 374 (Mo. Ct. App. 1956). · cites it 2× “If there was a forfeiture the case should have been submitted to the jury, because the determination of any lease by forfeiture has the same effect as if the term thereby created had expired, § 534.”
St. Louis Ass'n of Realtors v. City of Florissant, 632 S.W.3d 414 (Mo. Ct. App. 2021). · cites it 2× “Section 441.040 provides procedures landlords must follow if they evict a tenant for violating section 441.”
S.M. vs. Curtis Deierling, 717 S.W.3d 790 (Mo. Ct. App. 2025). · cites it 2× “However, under Section 441.040 a landlord is permitted to retake possession of a leased property after giving ten days’ notice to vacate when the lease has been violated, such as overstaying the length of the lease, per Section 441.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.