Effective - 28 Aug 2019
441.920. Victims of domestic violence, sexual assault, or stalking — no discrimination against applicants, tenants, or lessees for residential properties. — 1. For purposes of this section, the following terms mean:
(1) "Domestic violence", as such term is defined in section 455.010;
(2) "Sexual assault", as such term is defined in section 455.010;
(3) "Stalking", as such term is defined in section 455.010.
2. No applicant, tenant, or lessee shall be denied tenancy, be evicted from the premises, or found to be in violation of a lease agreement on the basis of or as a direct result of the fact that the applicant, tenant, or lessee is, has been, or is in imminent danger of becoming a victim of domestic violence, sexual assault, or stalking if the applicant, tenant, or lessee otherwise qualifies for tenancy or occupancy in the premises. The provisions of this subsection shall not apply if:
(1) The applicant, tenant, or lessee allowed the person named in any documentation listed in subsection 4 of this section into the premises; or
(2) The landlord or property owner reasonably believes that a person named in any documentation listed in subsection 4 of this section poses a threat to the safety of the other occupants or the property.
3. In any action brought by a landlord against a tenant under this chapter, chapter 534, or chapter 535, a tenant shall have an affirmative defense and not be liable for rent for the period after which the tenant vacates the premises owned by the landlord if, by a preponderance of the evidence, the court finds that the tenant was a victim or was in imminent danger of becoming a victim of domestic violence, sexual assault, or stalking and the tenant notified the landlord and has provided any requested documentation under subsection 4 of this section.
4. An applicant, tenant, or lessee shall qualify for the protections under this section if he or she provides a statement of such domestic violence, sexual assault, or stalking to his or her landlord or the property owner. If the landlord or property owner requests, the applicant, tenant, or lessee shall provide documentation of the domestic violence, sexual assault, or stalking, which may be in any of the following forms:
(1) A document signed by an employee of a victim service provider, or a health care professional or mental health professional from whom the victim has sought assistance relating to domestic violence, sexual assault, stalking, or the effects of abuse stating that, under penalty of perjury, the individual believes in the occurrence of the incident of domestic violence, sexual assault, or stalking that is the ground for protection, and that the incident meets the applicable definition of domestic violence, sexual assault, or stalking. Such document shall be signed by the victim; or
(2) A record of a federal, state, or local law enforcement agency, including a police report, a court, or an administrative agency pertaining to the alleged incident of domestic violence, sexual assault, or stalking.
5. The submission of false information by an applicant, tenant, or lessee under this section may be a basis for a denial of tenancy, eviction, or a violation of a lease agreement.
6. Any landlord or property owner may impose a reasonable termination fee on a tenant or lessee who desires to terminate a lease before the expiration date of such lease under the provisions of this section.
7. The provisions of this section shall only apply to residential properties.
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(L. 2019 H.B. 243 & 544)
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.