Section 5 Other Unlawful Detainer Issues

• Library: Remedies 2006

In an unlawful detainer case, what is the effect of the landlord accepting rent from the tenant after the termination date? The acceptance of rent after the termination or expiration of a lease creates a rebuttable presumption of a waiver. Haack v. Great Atl. & Pac. Tea Co., 603 S.W.2d 645 (Mo. App. E.D. 1980).

Generally speaking, the acceptance by a landlord of rent which accrues after the breach of condition contained in a lease implies a waiver of the right to declare a forfeiture for that breach unless there are circumstances arising from such acceptance which negative the presumption of the lessor’s affirmance of the lease. Of course, the acceptance of rent, which accrues after the breach of covenant or condition does not establish waiver as a matter of law; the question whether waiver occurred is primarily an issue of intent.

Rietsch v. T.W.H. Co., 702 S.W.2d 108 (Mo. App. S.D. 1985) (citation omitted).

Because unlawful detainer is intended to be a summary action, certain issues may not be heard in an unlawful detainer case. For example, questions of title cannot be tried. Section 534.210, RSMo 2000; Peoples Fin. Corp. v. Lincoln, 131 S.W.2d 520 (Mo. 1939); McNeill v. McNeill, 456 S.W.2d 800 (Mo. App. S.D. 1970).

Absolutely no counterclaims are allowed in unlawful detainer...