Effective - 28 Aug 1939
441.050. Tenancy from year to year, how terminated. — Either party may terminate a tenancy from year to year by giving notice, in writing, of his intention to terminate the same, not less than sixty days next before the end of the year.
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(RSMo 1939 § 2969)
Prior revisions: 1929 § 2583; 1919 § 6879; 1909 § 7882
CROSS REFERENCE:
Service of notice, generally, 1.190
(1957) Fact that tenant held over eleven days after expiration of written lease did not of itself create a new tenancy from year to year, and tenant had no interest in premises condemned under action filed on 12th day. Millhouse v. Drainage Dist. No. 48 of Dunklin Co. (A.), 304 S.W.2d 54.
(1964) Trial court reasonably have found that oral agreement between plaintiff and defendant that plaintiff would get one-third of crops and pay one-third of combining and fertilizing, where no fixed rental was agreed upon and defendant did not even pay rent in cash, no discussion was had as to length of term, defendant furnished his own seed and decided what crops to plant and used his own equipment, did not constitute a tenancy from year to year and therefore defendant was not entitled to sixty days' notice. Smith v. McNew (A.), 381 S.W.2d 369.
Structure Missouri Revised Statutes
Title XXIX - Ownership and Conveyance of Property
Chapter 441 - Landlord and Tenant
Section 441.005 - Definitions.
Section 441.010 - Covenant or contract of tenant to repair — effect of.
Section 441.020 - Illegal use of premises renders lease void.
Section 441.030 - Tenant not to assign without consent — nor violate conditions — nor commit waste.
Section 441.040 - Landlord may take possession, when — landlord liable, when, burden of proof.
Section 441.050 - Tenancy from year to year, how terminated.
Section 441.065 - Abandonment of rental premises, when, procedure.
Section 441.070 - No notice necessary, when.
Section 441.080 - Liability of tenants after termination of term.
Section 441.090 - Recovery action — tenant served with summons — notice — penalty.
Section 441.100 - Tenant giving notice to quit, and failing to do so, liable.
Section 441.110 - Such rent, how recovered.
Section 441.120 - Oral evidence not to show renewal of lease or change — notice to quit.
Section 441.130 - Alienee or assignee may recover rent.
Section 441.140 - Grants of rents good without attornment of tenants.
Section 441.150 - Attornment to stranger void — exceptions.
Section 441.160 - Executor or administrator of tenant for life may recover rents.
Section 441.170 - Remedy of executor or administrator.
Section 441.180 - Rents dependent on life of another, how recovered when unpaid.
Section 441.190 - Rent due on lease for life, how recovered.
Section 441.200 - Landlord may recover for use and occupation.
Section 441.210 - If parol demise appear on trial, shall be evidence of what.
Section 441.220 - Rent may be recovered of whom, and how.
Section 441.230 - If tenant sublet, landlord may join sublessees in same actions.
Section 441.234 - Tenant may deduct cost of repair of rental premises from rent, when — limitations.
Section 441.240 - Attachment for rent.
Section 441.250 - Proceedings to be same as in suits by attachment.
Section 441.260 - Who may recover rent.
Section 441.270 - What property exempt from attachment for rent.
Section 441.280 - Landlord's lien on crops for rent.
Section 441.290 - Landlord's lien for money or supplies furnished tenant.
Section 441.300 - Lien, how enforced.
Section 441.500 - Definitions.
Section 441.510 - Civil action, how maintained — procedure.
Section 441.520 - Parties to action — designation of registered agent required, when.
Section 441.530 - Application, contents.
Section 441.540 - No jury trial.
Section 441.550 - Notice of application filed with recorder of deeds.
Section 441.560 - Denial of entry a defense.
Section 441.570 - Action of court upon finding a nuisance exists.
Section 441.580 - Payment of rent, effect of.
Section 441.590 - Court orders, provisions.
Section 441.600 - Receiver discharged, when.
Section 441.610 - Waiver of provisions of sections 441.500 to 441.640 void.
Section 441.630 - Duties of occupant.
Section 441.643 - Frivolous suit, attorney's fees.
Section 441.645 - Act of God, tenant not liable for rent.
Section 441.710 - Certain parties have standing to initiate expedited eviction proceedings.
Section 441.720 - Expedited eviction actions, where filed, when continued or stayed.
Section 441.730 - Failure to prosecute claim, court may substitute other interested party.
Section 441.740 - Immediate eviction ordered, when — immediate removal ordered, when.
Section 441.750 - Immediate eviction, not granted when — tenant's burden of proof.
Section 441.780 - Notice not required in certain eviction actions, when.
Section 441.790 - Certain evidence admissible in certain eviction-related actions.
Section 441.810 - Discovery in certain eviction proceedings.
Section 441.820 - Protection orders for witnesses in certain eviction proceedings.
Section 441.840 - Rent to continue accruing during certain eviction proceedings.
Section 441.850 - Certain parties entitled to attorney's fees in certain eviction proceedings, when.
Section 441.860 - Remedies cumulative.
Section 441.870 - Immunity from civil liability in certain eviction proceedings, granted when.