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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Edwards v. Collins, 198 Mo. App. 569 (1917)

Citation
Edwards v. Collins, 198 Mo. App. 569 (1917)
Parent Document
Edwards v. Collins, 198 Mo. App. 569 (1917)
Jurisdiction
Missouri (state)
Effective Date
1917-12-20

Full Text

2,697 chars
Since there is no clause in the present lease declaring or permitting a .forfeiture of the lessee’s rights and possession for failure to comply with the provision of the lease as to good cultivation of the land, we would *573hold that plaintiff is not entitled to recover on the proof made, were it not that this general rule of law has been changed by statute in this State. Section 7880, Revised Stautes 1909, reads: “No tenant for a term not exceeding two years, or at will, or by sufferance, shall assign or transfer his term or interest, or any part thereof, to another without the written consent of the landlord; neither shall he violate any of the conditions of his written lease, nor commit waste upon' the leased premises Section 7881 provides: “If any tenant shall violate the provisions of the preceding section, the landlord, or person holding under him, after giving ten days’ notice to .quit possession shall have a right to re-enter the premises and take possession thereof, or to oust the tenant, sub-tenant or undertenant by the proper procedure.” The clause of section 7880, supra, printed in italics was added to that section by amendment (Laws 1885, p. 197) and the evident purpose thereof was to change the. rule of law above announced and to make the violation of the terms of a written lease a cause of forfeiture to be enforced by an appropriate action. Section 7881, supra, provides that ten days’ notice to quit possession is necessary before beginning proceedings to oust the tenant and the court in this case, by instruction number three, properly required proof of such ten days’ notice. The only case which we find in any way construing the amendment to the statutes just mentioned is that of Murphy v. Building Co., 90 Mo. App. 621, 624, in which case the court, in speaking of evicting a tenant for violating the terms of his lease, said: “No doubt a forfeiture of a lease may be worked by a tenant violating its terms, and he may be rightly evicted therefor. But it does not follow that the landlord may constitute himself the judge and jury, decide that the contract has been broken, declare a forfeiture and summarily eject the tenant without notice or a hearing.- Due process of law must be followed in this, as in'greater matters, and the law on the subject is plain. ’ ’ The court then quotes " section 7880 and 7881 and adds: “Respondent says he never saw the printed *574rule in question, but would have seen it had it been conspicuously posted. Whether he did or not, it could certainly have had no more force if posted than if formally expressed in a lease between him and appellant, and in such case notice to vacate must have been given to respondent.”