Unlawful Entry and Detainer Defined
Forcible entry and detainer defined. - RS Mo. 534.020
If any person shall enter upon or into any
lands, tenements or other possessions, with force or strong hand, or with
weapons, or by breaking open the
doors or windows or other parts of a house, whether any person be in
it or not, or by threatening to kill, maim or beat the party in possession,
or by such words or
actions as have a natural tendency to excite fear or apprehension of
danger, or by putting out of doors or carrying away the goods of the party
in possession, or by
entering peaceably and then turning out by force, or frightening, by
threats or other circumstances of terror, the party out of possession,
and detain and hold the
same--in every such case, the person so offending shall be deemed guilty
of a "forcible entry and detainer" within the meaning of this chapter.
Proof required of complainant. - RS Mo. 534.200
The complainant shall not be compelled to
make further proof of the forcible entry or detainer than that he was lawfully
possessed of the premises, and that
the defendant unlawfully entered into and detained or unlawfully detained
the same.
Ladlord may take possession, when--landlord liable, when, burden
of proof. - RS Mo. 441.040
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.
Landlord's unlawful removal or exclusion of tenant, liability-- interruption
of services, landlord's liability. - RS Mo. 441.233
1. Except as provided in section 441.065,
a landlord or its agent who removes or excludes a tenant or the tenant's
personal property from the premises
without judicial process and court order, or causes such removal or
exclusion, or causes the removal of the doors or locks to such premises,
shall be deemed guilty
of forcible entry and detainer as described in chapter 534, RSMo.
2. Any landlord or its agent who willfully diminishes services to a
tenant by interrupting or causing the interruption of essential services,
including but not limited to electric, gas, water, or sewer service, to
the tenant or to the premises shall be deemed guilty of forcible entry
and detainer as described in chapter 534, RSMo;
provided however, this section shall not be applicable if a landlord
or its agent takes such action for health or safety reasons.