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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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§ 441

Mo. Rev. Stat. § 441.780 Missouri state

441.780.    Notice not required in certain eviction actions, when. — Notwithstanding any other provision of law concerning the procedures otherwise used in eviction proceedings, it shall not be necessary, except as provided in section 441.750 , to provide notice to...

§ 700

Mo. Rev. Stat. § 700.600 Missouri state

700.600.    Notice required before landlord may evict, when — landlord prohibited from increasing rent, when. — 1.  As used in this section, the following terms mean:

§ 700

Mo. Rev. Stat. § 700.600 Missouri state

3.  Nothing in this section shall be construed as prohibiting a landlord from evicting a tenant with less than one hundred twenty days' notice for any reason other than a change in use of the property. ­­-------- (L. 2004 H.B...

§ 534

Mo. Rev. Stat. § 534.345 Missouri state

534.345.    Notice of default judgment in eviction proceeding must be sent to defaulting party. — In an action pursuant to chapter 441 , chapter 524 , or this chapter, the court in entering a judgment for possession of the premises shall, if...

§ 441

Mo. Rev. Stat. § 441.060 Missouri state

...judgment of eviction, how effectuated, landlord's liability. — 1.  A tenancy at will or by sufferance, or for less than one year, may be terminated by the person entitled to the possession by giving one month's notice, in writing...

§ 535

Mo. Rev. Stat. § 535.030 Missouri state

...ten days, the judgment for possession will become final and the defendant will be subject to eviction from the premises without further notice.  On the date judgment is rendered if the defendant is in default, the clerk of the court...

§ 441

Mo. Rev. Stat. § 441.880 Missouri state

...sufficient evidence to support the motion, the court shall discharge the order of eviction or removal and shall dismiss the cause of action.  The order of eviction or removal shall automatically be deemed discharged and the cause of action automatically...

Leve v. Delph, 710 S.W.2d 389 (1986)

Leve v. Delph, 710 S.W.2d 389 (1986) Missouri state

...In this notice, plaintiffs corrected the eviction date from October 1, 1982, to October 1, 1983. Plaintiffs brought an unlawful de-tainer action after defendants remained in possession of the mobile home space after October 1, 1983. Defendants filed an...

Section 20

WEA Crestwood Plaza, L.L.C. v. Flamers Charburgers, Inc., 24 S.W.3d 1 (2000) Missouri state

...arises a rebuttable presumption that the landlord’s repossession pursuant to eviction proceedings was accomplished under the second option, even when the evicting landlord provided tenant with no notice as to which option it intended to pursue. Hurwitz v. Kohm,

Section 204

Duvall v. Stokes, 270 S.W.2d 419 (1954) Missouri state

...faith in evicting his tenant was for the jury, those evictions were during an interim period when the Housing and Bent Act permitted eviction for certain specified reasons upon notice from the landlord. No certificate relating to eviction had been...

Bedell v. Daugherty, 242 S.W.2d 572 (1951)

Bedell v. Daugherty, 242 S.W.2d 572 (1951) Missouri state

In Teare v. Sussman, supra, the misrepresentations were made only to the plaintiff, no certificate was issued, no notice to quit was given and no eviction proceedings were filed. Said the court: “It *603

Busby v. Stimpson, 542 S.W.2d 551 (1976)

Busby v. Stimpson, 542 S.W.2d 551 (1976) Missouri state

is striking. The court in the instant case could have found under the evidence that plaintiff was a sharecropper and not a tenant, a finding which clearly would have made his eviction without notice proper.

Houston v. Columbia Federal Savings & Loan Ass'n, 569 S.W.2d 211 (1978)

Houston v. Columbia Federal Savings & Loan Ass'n, 569 S.W.2d 211 (1978) Missouri state

...Plaintiffs contend that a submissible case of “tortious taking” was made because defendant unlawfully came into possession of their property in that notice of eviction was given only to Jacqueline Finch and § 535.020 RSMo. 1969 required notice be given...

Kohnen v. Hameed, 894 S.W.2d 196 (1995)

Kohnen v. Hameed, 894 S.W.2d 196 (1995) Missouri state

...The judgment was executed and appellants were evicted on October 21, 1993. Appellants appealed directly to this Court, filing notice of appeal on October 22, 1993.

Robin Farms, Inc. v. Bartholome, 989 S.W.2d 238 (1999)

Robin Farms, Inc. v. Bartholome, 989 S.W.2d 238 (1999) Missouri state

Appellant’s [sic] requested recusal in the instant case, and we have evidence of judicial bias by the Trial Court giving his former client possession of the farm when there was no proper eviction notice.

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

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

...This was notice of Respondents intent to demand possession and terminate the lease. On July 1, 1996, Lori Dolan attempted to hand deliver a notice of termination and demand for possession to the Appellants; attached was a Notice of Eviction...

O'Bar v. Nickels, 698 S.W.2d 950 (1985)

O'Bar v. Nickels, 698 S.W.2d 950 (1985) Missouri state

The thrust of the second segment of plaintiffs assignment of error, as we comprehend it, is that the evidence compelled a finding that plaintiff was either constructively evicted from the apartment or that his tenancy was terminated without proper notice.

Hoffman v. Estate of Siler, 306 S.W.3d 584 (2010)

Hoffman v. Estate of Siler, 306 S.W.3d 584 (2010) Missouri state

...Jones says the court erred in entering judgment in favor of the Hoffmans on their wrongful eviction claim, because the facts show that they were sharecroppers, as opposed to tenants, and, thus, not entitled to the sixty days’ notice required...