Mo. Rev. Stat. » Chapter 537
Missouri Revised Statutes

Mo. Rev. Stat. § 537.420 (2026)

Tenant for life or years liable for treble damages for waste

✓ current as of May 2026
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  537.420.  Tenant for life or years liable for treble damages for waste. — If any tenant, for life or years, shall commit waste during his estate or term, of anything belonging to the tenement so held, without special license in writing so to do, he shall be subject to a civil action for such waste, and shall lose the thing wasted and pay treble the amount at which the waste shall be assessed.

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(RSMo 1939 § 1939 § 3003)

Prior revisions: 1929 § 2616; 1919 § 6910; 1909 § 7913

(2002) Presence of liquidated damages clause in lease was not a waiver of right to sue under section and did not constitute implied license for tenant to commit waste.  Brizendine v. Conrad, 71 S.W.3d 587 (Mo.banc).

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1975–2023 · leading case: Brizendine v. Conrad, 71 S.W.3d 587 (Mo. 2002).
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Brizendine v. Conrad, 71 S.W.3d 587 (Mo. 2002). · cites it 11× “David Brizendine brought suit for treble damages under Missouri’s anti-waste statute, section 537.420, RSMo 2000, against Nora Lee Conrad, his former tenant under a written lease-purchase agreement (“Agreement”).”
Lustig v. U. M. C. Indus., Inc., 637 S.W.2d 55 (Mo. Ct. App. 1982). · cites it 13× “Respondent asserted that such damage constituted waste under § 537.420, RSMo 1969, 1 and prayed for treble damages, alleging that the waste was wantonly committed.”
Greeson v. Ace Pipe Cleaning, Inc., 830 S.W.2d 444 (Mo. Ct. App. 1992). · cites it 17× “, (Ace) appeals from that portion of the judgment awarding $60,000, entered in behalf of Sammie and Ruby Jean Greeson, husband and wife, following the adverse $60,000 jury verdict assessed for waste pursuant to § 537.420, RSMo 1986. Ace does not appeal that portion of the…”
S. Real Est. & Fin. Co. v. City of St. Louis, 758 S.W.2d 75 (Mo. Ct. App. 1988). · cites it 10× “Additionally, I strongly disagree with the majority’s holding that the lease authorizes destruction of the garage (without a complete replacement) and constitutes a special license in writing to commit waste, a defense to Missouri’s anti-waste statute § 537.”
Lipton Realty, Inc. v. St. Louis Hous. Auth., 705 S.W.2d 565 (Mo. Ct. App. 1986). · cites it 2× “§ 537.420, RSMo (1969). It was characterized as such in Lipton’s own pleadings.”
Brown v. Midwest Petroleum Co., 828 S.W.2d 686 (Mo. Ct. App. 1992). · cites it 2× “The trial court trebled this amount under § 537.420, RSMo (1986). 2 . Plaintiff did present an additional witness who testified about the cost of repairing the damage caused by defendant.”
Frey v. Huffstutler, 748 S.W.2d 59 (Mo. Ct. App. 1988). · cites it 2× “1939), although occasionally the instrument creating a life estate allows specific acts which, in the absence of such provision, would constitute waste. 2 Tiffany, Real Property § 639, p.”
Sherwood Med. Indus., Inc. v. Bldg. Leasing Corp., 527 S.W.2d 407 (Mo. Ct. App. 1975). · cites it 2× “This contention has two prongs, the first of which charges Krause is departing imper-missibly from the original use contemplated by the original parties to the lease, and the new use by Krause will no longer comport with the unified character of the Industrial Park of which the…”
Hill v. Boyer, 72 S.W.3d 284 (Mo. Ct. App. 2002). · cites it 2× “Plaintiffs then brought this action under § 537.420 1 seeking treble damages for “wanton waste.”
Sermon v. Sullivan, 640 S.W.2d 486 (Mo. Ct. App. 1982). “Sauro seeking dam *487 ages for waste, forfeiture of the life estate held by Sullivan and Sauro, the appointment of a receiver, and an injunction against the commission of future waste by the defendants under § 537.420 to § 537.-520 RSMo.1978. The court issued an injunction…”
Larry A. Bedford & Carol A. Bedford, Respondents/Cross-Appellants v. Audrain Cnty. Motor Co., Inc., d/b/a Auffenberg Motor Co. of Mexico, Appellant/Cross-Respondent. (Mo. Ct. App. 2021). · cites it 2× “The trial court then trebled the $2,750 damage award pursuant to section 537.420’ which applies to waste cases, to reach its final damages amount of $8,250.”
Nelbach v. Nelbach (D.C. 2023). “350 (West 2023); Mo. Rev. Stat. § 537.420 (2023). 23 Civil Procedure Acts Repeal Act, 42 & 43 Vict.”
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