535.020. Procedure to recover possession — filing of statement — issuance of summons — procedure. — Whenever any rent has become due and payable, and payment has been demanded by the landlord or the landlord's agent from the lessee or person occupying the premises, and payment thereof has not been made, the landlord or agent may file a statement, verified by affidavit, with any associate circuit judge in the county in which the property is situated, setting forth the terms on which such property was rented, and the amount of rent actually due to such landlord; that the rent has been demanded from the tenant, lessee or person occupying the premises, and that payment has not been made, and substantially describing the property rented or leased. Giving the notice provided in section 441.060 is not required prior to filing a statement or obtaining the relief provided in this chapter. In such case, the clerk of the court shall immediately issue a summons directed to such tenant or lessee and to all persons occupying the premises, by name, requiring them to appear before the judge upon a day to be therein named, and show cause why possession of the property should not be restored to the plaintiff. The landlord or agent may, in such an action for unpaid rent, join a claim for any other unpaid sums, other than property damages, regardless of how denominated or defined in the lease, to be paid by or on behalf of a tenant to a landlord for any purpose set forth in the lease; provided that such other sums shall not be considered rent for purposes of this chapter, and judgment for the landlord for recovery of such other sums shall not by itself entitle the landlord to an order for recovery of possession of the premises. The provisions of this section providing for the filing of a statement before an associate circuit judge shall not preclude adoption of a local circuit court rule providing for the centralized filing of such cases, nor the assignment of such cases to particular circuit or associate circuit judges pursuant to local circuit court rule or action by the presiding judge of the circuit. The case shall be heard and determined under the practice and procedure provided in the Missouri rules of civil procedure, except where otherwise provided by this chapter.
Notes of Decisions
Cited in
29
cases (
2 in the last 5 years), 1965–2025 · leading case:
Farinella v. Croft, 922 S.W.2d 755 (Mo. 1996).
Farinella v. Croft, 922 S.W.2d 755 (Mo. 1996).
· cites it 8× “§ 535.020, RSMo 1969. Parties aggrieved by judgment rendered in a magistrate *757 court appealed to circuit court for trial de novo.”
K.O. Real Est., LLC v. O'Toole, 291 S.W.3d 780 (Mo. Ct. App. 2009).
· cites it 12× “Defendant claims the judgment does not conform to the requirements of Section 535.020, and that the trial court wrongfully deprived him of his statutory right to retain possession by paying the rent due irrespective of the other charges.”
Houston v. Columbia Fed. Sav. & Loan Ass'n, 569 S.W.2d 211 (Mo. Ct. App. 1978).
· cites it 9× “Plaintiffs contend that a submissible case of “tortious taking” was made because defendant unlawfully came into possession of their property in that notice of eviction was given only to Jacqueline Finch and § 535.020 RSMo. 1969 required notice be given to them as well.”
Federated Mortg. & Inv. Co. v. Jones, 798 S.W.2d 719 (Mo. 1990).
· cites it 10× “The circuit court found that it was without jurisdiction to proceed in a garnishment action because the underlying judgment was void for failure to comply with the verification by affidavit requirement of § 535.020, RSMo 1986, a procedure for dispossession of a tenant for…”
The Medve Grp. v. Sombright, 163 S.W.3d 453 (Mo. Ct. App. 2005).
· cites it 7× “Under Medve’s argument, it can plead any time period in its Petition and recover, even if the time period pleaded is ultimately unsupported by the evidence.”
Rahman v. Matador Villa Assocs., 821 S.W.2d 102 (Mo. 1991).
· cites it 7× “Section 535.020, RSMo 1986, provides that landlord-tenant cases shall be heard and determined under the practice and procedure prescribed in the Missouri rules of civil procedure except where otherwise provided in Chapter 535.”
Moser v. Cline, 214 S.W.3d 390 (Mo. Ct. App. 2007).
· cites it 3× “030, RSMo 2000, and rent and possession, section 535.020, RSMo Cum.Supp. 2004. The doctrine of election of remedies does not bar bringing both because both are summary possession proceedings, and a landlord may pursue one or more summary proceedings to recover possession of its…”
Ellsworth Breihan Bldg. Co. v. Teha Inc., 48 S.W.3d 80 (Mo. Ct. App. 2001).
· cites it 4× “1 Tenant argues that the trial court erred in failing to dismiss Landlord’s action for unlawful detain-er because Landlord had previously elected its remedy, a rent and possession action *82 under Section 535.020, for Tenant’s alleged breaches of the lease.”
Nw. Plaza, L.L.C. v. Michael-Glen, Inc., 102 S.W.3d 552 (Mo. Ct. App. 2003).
· cites it 3× “As Section 535.020 RSMo 2000 requires, the allegations in the petition state: the terms on which the property was rented, the amount of rent due, that a demand for unpaid rent was made, that payment has not been made, and a description of the leased property.”
Kavanaugh v. Ealy, 364 S.W.3d 759 (Mo. Ct. App. 2012).
· cites it 6× “” Section 535.020 provides: *763 Whenever any rent has become due and payable, and payment has been demanded by the landlord or the landlord’s agent from the lessee or person occupying the premises, and payment thereof has not been made, the landlord or agent may file a…”
Byrne v. Moore, 332 S.W.3d 864 (Mo. Ct. App. 2011).
· cites it 4× “On April 16, 2010, Landlord filed a verified petition for rent and possession, pursuant to § 535.020 RSMo Cum.Supp. (2009), in the Circuit Court of Greene County, Missouri.”
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