Effective - 28 Aug 1939
441.120. Oral evidence not to show renewal of lease or change — notice to quit. — 1. In all cases where a tenant holds over after the termination of the time for which the premises were let or leased, under a written contract between the lessor or his agent and the tenant or his agent, in any suit for possession by the party entitled to possession of said premises against such tenant, after the termination of the time for which said premises were let or leased under written contract, oral evidence shall not be admissible that said lease or letting was renewed or extended, or that a new contract was entered into or substituted for the written contract, but the tenant's right to continued possession or the landlord's right to collect rent on said premises after the termination thereof, shall be established by contract in writing; provided, however, this section shall not prevent a recovery of damages by either party for breach of the written contract.
2. In all cases of an oral letting or leasing of real property for any agricultural year, tenancy at will or by sufferance, or for less than one year, if either party shall terminate said tenancy in accordance with the provisions of sections 441.050 and 441.060, in any suit thereafter between said parties, oral testimony shall not be admissible to vary, alter or abrogate the effect of the notice required and given under sections 441.050 and 441.060, but such notice may be varied, altered or abrogated only by written evidence thereof and bearing an actual date subsequent to the date of the notice provided for in said sections.
--------
(RSMo 1939 § 2970)
CROSS REFERENCE:
New tenant may maintain action of unlawful detainer against tenant holding over, when, 534.290
(1953) Evidence showing tenant did additional work on premises with landlord's consent in reliance on new oral lease after expiration of written lease, held inadmissible. Harriman v. Hale (A.), 258 S.W.2d 27.
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.