[Ord. No. 2017-069, 11-9-2017]
A. For
the purpose of this Chapter, the following words or phrases shall
have the meaning given herein:
LANDLORD
The owner or lessor of residential premises or a person authorized
by the owner to exercise any aspect of the management of residential
premises.
LEASE
A written or oral agreement for the use of possession of
premises.
PREMISES
Land, tenements, condominium or cooperative units, and all
other types of residential real property subject to a lease between
a landlord and a tenant, including any facilities and appurtenances
to such premises and any grounds, areas and facilities held out for
the use of tenants generally or the use of which is promised to the
tenant. "Premises" include structures, fixed or mobile, temporary
or permanent, vessels, manufactured homes as defined in Section 700.010, RSMo.,
mobile trailer homes and vehicles which are used or intended for use
primarily as a dwelling.
PUBLIC UTILITY PROVIDER
Includes every provider of a "public utility," as that term
is defined in Chapter 386, RSMo., and subject to the jurisdiction,
control and regulation of the Missouri Public Service Commission.
RENT
A stated payment for the temporary possession or use of a
house, land or other real property made at fixed intervals by a tenant
to a landlord.
TENANT
A person who occupies the premises with the landlord's consent.
[Ord. No. 2017-069, 11-9-2017]
A. A landlord,
its agent, or any person commits the offense of illegal eviction by
removing or excluding a tenant or the tenant's personal property from
the premises without judicial process and court order, or by causing
such removal or exclusion, or by causing the removal of the doors
or locks to such premises, or by willfully diminishing services to
a tenant by interrupting or causing the interruption of essential
services, including, but not limited to, electric, gas, water, or
sewer service, to the premises.
B. A person
does not commit the offense of illegal eviction by taking action to
interrupt or diminish essential services to the premises if such action
is taken for legitimate health or safety reasons. Neither shall this
Section apply to any public utility provider who causes the interruption
or diminishment of services to a tenant or a premises.
C. Provided
that the landlord or its agent acts in full compliance with Section
441.065, RSMo., a person does not commit the offense of illegal eviction
if the tenant abandons the premises.
[Ord. No. 2017-069, 11-9-2017]
Any waiver of this provision in any lease or other rental agreement
shall be void, except with respect to any restriction on the provision
of a service specified in this Chapter imposed by the United States
or any agency thereof, or the State of Missouri or any political subdivision
thereof, and not resulting from the acts or omissions of the landlord,
and except for interruptions of any specified service during the time
required to perform necessary repairs or inspections to apparatuses
necessary for the delivery of said service or interruptions resulting
from natural causes beyond the control of the landlord.
[Ord. No. 2017-069, 11-9-2017]
A tenant may pursue any civil remedy for violation of this Chapter
regardless of whether or not a fine has been assessed to the landlord
pursuant to this Chapter, and nothing in this Chapter shall reduce
the amount that a tenant may recover in such civil action.
[Ord. No. 2017-069, 11-9-2017]
It shall be unlawful for any landlord or other person, firm,
partnership, corporation, or any other legal entity to collect rent
from a tenant for a premises for the period that the tenant is or
has been illegally evicted from the premises.
[Ord. No. 2017-069, 11-9-2017]
Any person who violates the provisions of this Chapter shall
be subject to of a fine of not less than one hundred dollars ($100.00)
nor more than five hundred dollars ($500.00) or a term of imprisonment
not more than ninety (90) days, or both a fine and term of imprisonment.