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Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

 Chapter 441

previous next Effective - 28 Aug 1939bottom

  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.

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(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.


---- end of effective   28 Aug 1939 ----

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