Missouri Revised Statutes

Mo. Rev. Stat. § 535.010 (2026)

If rent be not paid as agreed, landlord may recover possession, how

✓ current as of May 2026
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  535.010.  If rent be not paid as agreed, landlord may recover possession, how. — In all cases in which lands and tenements are or shall be rented or leased, and default shall be made in the payment of the rents at the time or times agreed upon by the parties, it shall be lawful for the landlord to dispossess the tenant and all subtenants and recover possession of the premises rented or leased, in the manner herein provided.

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(RSMo 1939 § 2993)

Prior revisions: 1929 § 2606; 1919 § 6900; 1909 § 7903

Notes of Decisions
Cited in 12 cases, 1956–2016 · leading case: BMJ Partners v. King's Beauty Distrib. Co., 508 S.W.3d 175 (Mo. Ct. App. 2016).
BMJ Partners v. King's Beauty Distrib. Co., 508 S.W.3d 175 (Mo. Ct. App. 2016). · cites it 4× “BMJ sued for rent and possession under Section 535.010, 1 alleging that King’s Beauty breached the lease agreement by failing to *177 pay rent.”
Houston v. Columbia Fed. Sav. & Loan Ass'n, 569 S.W.2d 211 (Mo. Ct. App. 1978). “The first section of the chapter, § 535.010, establishes that “it shall be lawful for the landlord to dispossess the tenant and all subtenants .”
PDQ Tower Servs., Inc. v. Adams, 213 S.W.3d 697 (Mo. Ct. App. 2007). “See §§ 535.010 & 535.150. The rule of statutory construction that when the same subject is addressed in general terms in one statute and specific terms in another, the more specific controls, does not apply in this situation because there is no conflict between the other…”
Kavanaugh v. Ealy, 364 S.W.3d 759 (Mo. Ct. App. 2012). · cites it 2× “Section 535.010 provides: “In all cases in which lands and tenements are or shall be rented or leased, and default shall be made in the payment of the rents at the time or times agreed upon by the parties, it shall be lawful for the landlord to dispossess the tenant and all…”
MCC Mortg. LP v. Off. Depot, Inc., 685 F. Supp. 2d 939 (D. Minn. 2010). “2006 WL 744275 , at *2 (citing Mo. Rev. Stat §§ 535.010, .020, .030). The same was true of the New York statutes discussed in Andujar, Ali, and Glen 6.”
Investors All., LLC v. Bordeaux, 428 S.W.3d 693 (Mo. Ct. App. 2014). “In August 2012, Plaintiff, acting as Shah’s agent, filed a petition for rent and possession under §§ 535.010 and 535.020, which permit a landlord to recover possession of the premises and any unpaid rent.”
Waring v. Rogers, 286 S.W.2d 374 (Mo. Ct. App. 1956). · cites it 2× “§ 535.010 et seq. Tarlotting v. Bokern, 95 Mo.”
Alewel v. Vollmer, 485 S.W.2d 682 (Mo. Ct. App. 1972). · cites it 3× “Appellants’ final point is that the probate court does not have jurisdiction to entertain this suit because it is a suit for rent and the magistrate court has exclusive jurisdiction over landlord and tenant actions under §§ 535.010 and 535.020. The executors urge that any action…”
B-W Acceptance Corp. v. Benack, 423 S.W.2d 215 (Mo. Ct. App. 1967). “By § 535.010 the landlord’s right to relief arises when “default shall be made in the payment of the rents at the time or times agreed upoh by the parties.”
State ex rel. Burlison Inv., Inc. v. Conklin, 741 S.W.2d 825 (Mo. Ct. App. 1987). · cites it 2× “The first is whether or not a defendant-tenant is entitled to a jury trial in an action to recover possession and rent under §§ 535.010 to 535.180 which, after certification to the Presiding Judge, is to be heard before an Associate Circuit Judge with a record being made.”
Mannion v. K. Khan, Inc., 992 S.W.2d 198 (Mo. Ct. App. 1999). “In May 1997, landlords brought a rent and possession action under sections 535.010 through 535.185, RSMo (1994).”
Investors All., LLC, Plaintiff/Respondent v. Inez Bordeaux, No. ED99804 (Mo. Ct. App. Apr. 15, 2014). “In August 2012, Plaintiff, acting as Shah‟s agent, filed a petition for rent and possession under §§ 535.010 and 535.020, which permit a landlord to recover possession of the premises and any unpaid rent.”
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