441.080. Liability of tenants after termination of term. — If any tenant for life or years, or if any other person, who may come into the possession of any lands or tenements under or by collusion with such tenant, shall willfully hold over the same after the termination of such term, and after demand made and notice in writing given, requiring the possession thereof, by the person entitled thereto, such person so holding over shall pay to the person so kept out of possession double the yearly value of the lands or tenements so detained, for all the time he shall keep the person entitled out of possession.
Notes of Decisions
Schnucks Carrollton Corp. v. Bridgeton Health & Fitness Inc., 884 S.W.2d 733 (Mo. Ct. App. 1994).
· cites it 2× “In Missouri those damages are set out in § 441.080 RSMo 1986 which provides that a tenant who willfully holds over at the expiration of a term after receiving written notice demanding possession is liable for double the rental value for the time of wrongful possession.”
Corrington Park Assocs., L.L.C. v. Barefoot, Inc., 983 S.W.2d 210 (Mo. Ct. App. 1999).
· cites it 2× “, on a petition for unlawful detainer, § 441.080, RSMo 1994. 1 Corring-ton Park appeals the trial court’s finding of a third-party tenant’s apparent authority to accept rent checks from Barefoot, Inc.”
Morris v. Pike, 545 S.W.2d 410 (Mo. Ct. App. 1976).
· cites it 2× “Section 441.080, supra, applies to tenancies for life or years.”
Pan Am. Realty Corp v. Muroff, 456 S.W.2d 647 (Mo. Ct. App. 1970).
· cites it 2× “00 per month, and for double the value of the monthly rents and profits until termination of defendants’ possession pursuant to § 441.080, RSMo V.A.M.S. The cause was heard and submitted and the magistrate found in favor of plaintiff.”
Voss v. Wall, 562 S.W.2d 147 (Mo. Ct. App. 1978).
· cites it 2× “t that the trial court erred in entering judgment for plaintiffs on Count III of the counterclaim because (a) plaintiffs’ tenancy “for the year 1972 had been terminated by [defendants’] written notice which [plaintiffs] received more than 60 days before December 31, 1972; ” and…”
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