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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 441

Citation
§ 441
Parent Document
Davidson v. Kenney, 971 S.W.2d 896 (1998)
Jurisdiction
Missouri (state)
Effective Date
1998-07-21

Full Text

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Like the states just mentioned, Missouri also follows the principle that the statutes governing notice in an unlawful detainer action must be strictly construed. Schnitker v. Schnitker, 690 S.W.2d 509, 510 (Mo.App.1985). The reason for this strict construction is the harshness of the remedy allowed for unlawful detainer — double rents and profits. As stated in Fritts v. Cloud Oak Flooring Co., 478 S.W.2d 8 (Mo.App.1972), where the landlord chooses “to invoke the harsh remedy of common-law forfeiture seeking not only to terminate the leasehold estate but also, by proceeding in unlawful detainer, to recover double damages and double rents and profits ... the landlord is held to scrupulous observance of every requirement of the common law, unless waived by agreement”. Id at 12.