Effective - 28 Aug 1997
534.330. Judgment on verdict for complainant. — 1. If the verdict of the jury or the finding of the judge is for the complainant, the judge shall record the verdict or finding, and the judgment shall be that the complainant have restitution of the premises found to have been forcibly or unlawfully detained, and recover from the defendant the sum of ______ dollars, double the sum assessed by the jury, or found for his damages; and also at the rate of ______ dollars, double the sum found per month, for rents and profits, from the ______ day of ______, 20______, the day of judgment, until restitution be made, together with costs.
2. The court, upon issuing judgment in favor of the plaintiff pursuant to subsection 1 of this section, shall, within two business days following the date the judgment becomes final, transmit a copy of such judgment to the law enforcement agency with jurisdiction to enforce such judgment.
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(RSMo 1939 § 2850, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634, A.L. 1997 H.B. 361)
Prior revisions: 1929 § 2464; 1919 § 3012; 1909 § 7674
(1972) Where addendum to lease provided that failure to pay rental installments on or before date due would result in immediate termination of right to possession, that no notice of any kind would be required, and that time was of the essence, court ruled on appeal from unlawful detainer action that appellant landlord would be held to scrupulous observance of every common law requirement unless waived by agreement and found that landlord's conduct in accepting ten consecutive monthly rent payments late raised submissible fact issue as to waiver of strict compliance by tenant. Fritts v. Cloud Oak Flooring Company (A.), 478 S.W.2d 8.
(1974) Exact amount due must be remanded on day it becomes due to authorize recovery under this section. New Brentwood Realty v. Strad, Inc. (A.), 509 S.W.2d 214.
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Chapter 534 - Forcible Entry and Unlawful Detainer
Section 534.010 - What entries deemed lawful.
Section 534.020 - Forcible entry and detainer defined.
Section 534.030 - Unlawful detainer defined — foreclosure, notice to tenants, procedure.
Section 534.040 - Estates comprehended in sections 534.010 to 534.030.
Section 534.050 - Demand for possession, how made and proved.
Section 534.060 - Before whom cognizable — centralized filing — assignment of cases.
Section 534.070 - Complaint and summons — court date assigned, when.
Section 534.080 - Form of summons.
Section 534.090 - Serving of summons — service by mail — publication of notice.
Section 534.100 - Return of officer.
Section 534.110 - Power to issue subpoenas and compel attendance of witnesses.
Section 534.120 - Failure to prosecute, nonsuit.
Section 534.130 - Failure of defendant to appear.
Section 534.140 - Both parties appear — proceedings.
Section 534.160 - Demand for trial by jury.
Section 534.170 - Amendments permitted and new parties added, when.
Section 534.180 - Depositions may be taken.
Section 534.190 - When depositions may be read.
Section 534.200 - Proof required of complainant.
Section 534.210 - Merits of title cannot be inquired into.
Section 534.220 - Rights under derivative titles may be shown.
Section 534.230 - Extent of claim of person having lawful possession.
Section 534.240 - Extent of claim where there has been no survey.
Section 534.250 - Persons having settlement on public lands may maintain action, when.
Section 534.260 - Heirs, devisees entitled to what remedies.
Section 534.270 - If lessor dies, remedy survives to heirs.
Section 534.280 - Effect of forfeiture of lease.
Section 534.290 - New tenant may maintain action, when.
Section 534.300 - Three years' possession a bar to the action.
Section 534.310 - Verdict for complainant — what it shall include.
Section 534.320 - Verdict may be corrected in matters of form.
Section 534.330 - Judgment on verdict for complainant.
Section 534.340 - Transcript of judgment — revived and enforced, how.
Section 534.347 - Unauthorized sublessor or assignor of leased premises, double damages, when.
Section 534.350 - Execution — when issued and levied.
Section 534.370 - Form of execution against defendant.
Section 534.380 - Judgment stay for appeals.
Section 534.540 - Proceedings on default of defendant.
Section 534.570 - Appeals to supreme court — supersedeas.
Section 534.590 - Writs of restitution, against whom executed.