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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Gordon v. Williams, 986 S.W.2d 470 (1998)

Citation
Gordon v. Williams, 986 S.W.2d 470 (1998)
Parent Document
Gordon v. Williams, 986 S.W.2d 470 (1998)
Jurisdiction
Missouri (state)
Effective Date
1998-12-08

Full Text

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Respondents invoked the remedy of unlawful detainer which is available “when any person shall willfully and without force hold over any lands, tenements, or other possessions, after the termination of the time for which they were demised or let to him.” Section 534.030 RSMo 1997.3 Respondents sought not only to terminate the leasehold interest but also, by proceeding in unlawful detainer, to recover double damages and double rents. Davidson v. Kenney, 971 S.W.2d 896, 899 (Mo.App. W.D.1998); Fritts v. Cloud Oak Flooring Company, 478 S.W.2d 8, 12 (Mo.App.Spring.Dist.1972). Respondents, in seeking common law forfeiture to terminate the leasehold interest and proceed in unlawful detainer, must observe every requirement *473of the common law, unless waived by agreement. Fritts, 478 S.W.2d at 12. There can be no unlawful detainer action until the lease has been terminated. Davidson, 971 S.W.2d at 898.