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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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Prior Missouri cases have relied on these principles of strict construction to reverse judgments for the landlord for unlawful de-tainer where, as here, the landlord purported to require the tenant to vacate on less than the required notice. For example, in Fisher, 219 S.W.2d at 294-95, the landlord gave the tenant notice dated May 17, 1947, ordering the tenant to vacate the premises thirty days thereafter. At that time, rental periods were not required to begin or end on any particular day of the month, and thus the court had to determine when the rental period began. The court noted that the notice would be adequate if the rental period began on May 18, 1947, for it would then have given the renters the required rental period of notice to vacate. However, there was no evidence this was the day of the month the rental period began and ended. There was evidence that the tenant had paid rent and it had been accepted on May 19, 1947. The court said this could support the conclusion that the rental period began on the 19th of each month. If so, then the notice would be inadequate, for it would not have required the tenant to vacate at the end of the rental period. Clearly, however, the tenant was aware that the landlord wanted him to vacate. If Fisher had applied the Restatement approach argued for by the Davidsons, the court thus would have said that the notice was effective to require the tenants to vacate at the end of the next rental period. It did not do so. Rather, it held the notice to be ineffective, and reversed the judgment for unlawful detainer and remanded for entry of judgment in favor of the tenant. Id. at 296.