Section 2 Rent and Possession

• Library: Remedies 2006

The rent and possession action arises simply from the nonpayment of rent. The landlord only needs to allege and prove that there is rent due and payable, that demand has been made for payment, and that the tenant has failed to pay. Section 535.020, RSMo Supp. 2005. There is no requirement in Missouri as to how long a landlord must wait to demand rent, and there is not a waiting period between the demand and the filing of a suit. The “demand” does not have to be in writing. Edwards v. Tolbert, 849 S.W.2d 717 (Mo. App. W.D. 1993).

At least one federal circuit has held that delinquent rent is a “debt” and that a demand letter for delinquent rent, from a debt collector or attorney, must comply with the Fair Debt Collection Practices Act, Pub. L. No. 90-321, 91 Stat. 874. Romea v. Heiberger & Assocs., 163 F.3d 111 (2^nd Cir. 1998).

Only one demand needs to be made for rent. No additional demand is necessary for any intervening month(s) between the demand and the judgment date. Gaines v. Corning, 672 S.W.2d 699 (Mo. App. E.D. 1984).

The suit may be brought against tenants, lessees, and “all persons occupying the premises.” Section 535.020. An individual who has been invited by the lessee to live with the lessee after the lessee takes possession may be a defendant even if the person did not...