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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1741
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WASHINGTON.
6355S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 441.920, RSMo, and to enact in lieu thereof three new sections relating to rental
protections for victims of domestic violence.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 441.920, RSMo, is repealed and three 1
new sections enacted in lieu thereof, to be known as sections 2
441.920, 441.921, and 441.922, to read as follows:3
441.920. 1. For purposes of [this section] sections 1
441.920 to 441.922, the following terms mean: 2
(1) "Domestic violence", as such term is defined in 3
section 455.010; 4
(2) "Household member", a minor or adult, other than a 5
perpetrator of an act of domestic violence, who resides with 6
a tenant or lessee; 7
(3) "Sexual assault", as such term is defined in 8
section 455.010; 9
[(3)] (4) "Stalking", as such term is defined in 10
section 455.010. 11
2. No applicant, tenant, or lessee shall be denied 12
tenancy, be evicted from the premises, or found to be in 13
violation of a lease agreement on the basis of or as a 14
direct result of the fact that the applicant, tenant, or 15
lessee is, has been, or is in imminent danger of becoming a 16
victim of domestic violence, sexual assault, or stalking if 17
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the applicant, tenant, or lessee otherwise qualifies for 18
tenancy or occupancy in the premises. The provisions of 19
this subsection shall not apply if: 20
(1) The applicant, tenant, or lessee allowed the 21
person named in any documentation listed in subsection 4 of 22
this section into the premises; or 23
(2) The landlord or property owner reasonably believes 24
that a person named in any documentation listed in 25
subsection 4 of this section poses a threat to the safety of 26
the other occupants or the property. 27
3. In any action brought by a landlord against a 28
tenant under this chapter, chapter 534, or chapter 535, a 29
tenant shall have an affirmative defense and not be liable 30
for rent for the period after which the tenant vacates the 31
premises owned by the landlord if, by a preponderance of the 32
evidence, the court finds that the tenant was a victim or 33
was in imminent danger of becoming a victim of domestic 34
violence, sexual assault, or stalking and the tenant 35
notified the landlord and has provided any requested 36
documentation under subsection 4 of this section. 37
4. An applicant, tenant, or lessee shall qualify for 38
the protections under this section if he or she provides a 39
statement of such domestic violence, sexual assault, or 40
stalking to his or her landlord or the property owner. If 41
the landlord or property owner requests, the applicant, 42
tenant, or lessee shall provide documentation of the 43
domestic violence, sexual assault, or stalking, which may be 44
in any of the following forms: 45
(1) A document signed by an employee of a victim 46
service provider, or a health care professional or mental 47
health professional from whom the victim has sought 48
assistance relating to domestic violence, sexual assault, 49
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stalking, or the effects of abuse stating that, under 50
penalty of perjury, the individual believes in the 51
occurrence of the incident of domestic violence, sexual 52
assault, or stalking that is the ground for protection, and 53
that the incident meets the applicable definition of 54
domestic violence, sexual assault, or stalking. Such 55
document shall be signed by the victim; or 56
(2) A record of a federal, state, or local law 57
enforcement agency, including a police report, a court, or 58
an administrative agency pertaining to the alleged incident 59
of domestic violence, sexual assault, or stalking. 60
5. The submission of false information by an 61
applicant, tenant, or lessee under this section may be a 62
basis for a denial of tenancy, eviction, or a violation of a 63
lease agreement. 64
6. Any landlord or property owner may impose a 65
reasonable termination fee on a tenant or lessee who desires 66
to terminate a lease before the expiration date of such 67
lease under the provisions of this section. 68
7. The provisions of this section shall only apply to 69
residential properties. 70
441.921. 1. Where an act of domestic violence is 1
perpetrated against a tenant or lessee, or a household 2
member of a tenant or lessee, by another tenant, lessee, or 3
occupant of the same dwelling unit, the tenant or lessee may 4
have the perpetrator removed from the rental agreement and 5
excluded from the premises if the tenant, lessee, or 6
household member has: 7
(1) Obtained a protective order, restraining order, or 8
other similar relief which applies to the perpetrator of the 9
act of domestic violence; or 10
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(2) Obtained a record from a federal, state, or local 11
law enforcement agency, including a police report, a court, 12
or an administrative agency pertaining to the alleged 13
incident of domestic violence. 14
2. To have the perpetrator removed from a rental 15
agreement, the tenant or lessee shall provide the landlord: 16
(1) A copy of the documentation described in 17
subsection 1 of this section; and 18
(2) A written notice containing: 19
(a) The full legal name of the tenant, lessee, or 20
occupant who is the perpetrator of the act of domestic 21
violence; 22
(b) The date on which the tenant wishes the notice of 23
termination to be served upon the perpetrator. Such date 24
shall be at least five days but no more than thirty days 25
after the date the tenant or lessee provides the 26
documentation and written notice to the landlord; and 27
(c) The preferred method by which to receive future 28
communications from the landlord. 29
3. (1) When a tenant or lessee has complied with the 30
requirements of subsection 2 of this section, a landlord 31
may, after five days of notice of termination of the rental 32
agreement and without the right of the tenant or lessee to 33
cure the default, file suit and have judgment against only 34
the perpetrator for recovery of possession of the premises 35
in accordance with sections 441.710 to 441.880. The 36
landlord shall serve the notice of termination on the date 37
requested by the tenant or lessee in accordance with 38
paragraph (b) of subdivision (2) of subsection 2 of this 39
section. 40
(2) If the perpetrator vacates the premises within 41
five days of the notice, the landlord shall: 42
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(a) Install new locks to the dwelling unit in 43
accordance with section 441.922; and 44
(b) Timely notify the requesting tenant or lessee by 45
the method requested pursuant to paragraph (b) of 46
subdivision (2) of subsection 2 of this section that the new 47
locks have been installed and how the tenant or lessee can 48
obtain access to the dwelling unit. 49
(3) (a) If the perpetrator fails to vacate the 50
premises within five days of the notice, the landlord shall: 51
a. File suit for recovery of possession of the 52
premises against the perpetrator only; and 53
b. Timely notify the requesting tenant or lessee by 54
the method requested pursuant to paragraph (b) of 55
subdivision (2) of subsection 2 of this section of the 56
hearing date of the suit for recovery of possession and the 57
judgment of any such suit. 58
(b) If a judgment is entered in favor of the landlord 59
in a suit brought pursuant to this section in accordance 60
with sections 441.710 to 441.880, the landlord shall: 61
a. Be entitled to recover court costs and reasonable 62
attorney's fees from the perpetrator; 63
b. Install new locks to the dwelling unit in 64
accordance with section 441.922; 65
c. Timely notify the requesting tenant or lessee by 66
the method requested pursuant to paragraph (b) of 67
subdivision (2) of subsection 2 of this section that the new 68
locks have been installed and how the tenant or lessee can 69
obtain access to the dwelling unit; and 70
d. Refuse access to the dwelling unit by the 71
perpetrator for the purposes of reclaiming property, unless 72
a law enforcement officer escorts the perpetrator into and 73
out of the dwelling unit. 74
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4. A landlord shall not be liable for any actions 75
taken in good faith pursuant to this section. 76
441.922. 1. When an act of domestic violence is 1
perpetrated against a tenant or lessee, or a household 2
member of a tenant or lessee, by someone who is not a 3
tenant, lessee, or occupant of the same dwelling unit, the 4
tenant or lessee may require the landlord to change the 5
locks to the dwelling unit if the tenant, lessee, or 6
household member has: 7
(1) Obtained a protective order, restraining order, or 8
other similar relief which applies to the perpetrator of the 9
act of domestic violence; or 10
(2) Obtained a record from a federal, state, or local 11
law enforcement agency, including a police report, a court, 12
or an administrative agency pertaining to the alleged 13
incident of domestic violence. 14
2. To have a lock changed under this section, the 15
tenant or lessee shall provide the landlord: 16
(1) A copy of the documentation described in 17
subsection 1 of this section; and 18
(2) A written request that the locks be changed 19
immediately. 20
3. The landlord shall change the locks to the dwelling 21
unit within twenty-four hours after the tenant or lessee 22
provides the landlord with the documentation and request 23
required under subsection 2 of this section: 24
(1) Replacing the entire locking mechanism with a 25
locking mechanism of equal or better quality than the lock 26
being replaced; or 27
(2) If the lock is in good working condition: 28
(a) Rekeying the lock; or 29
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(b) In the case of a keyless electronic lock, 30
resetting the entry code. 31
4. If a landlord fails to change the locks as required 32
by subsection 3 of this section, the tenant or lessee: 33
(1) May change the locks in a workmanlike manner with 34
locks of similar or better quality than the original lock; 35
(2) Shall timely notify the landlord that the locks 36
have been changed; and 37
(3) Shall, by a reasonable method agreed upon by the 38
landlord and tenant or lessee, provide the landlord with a 39
new key or the entry code by which to access the dwelling 40
unit. 41
5. Subsection 4 of this section shall apply 42
notwithstanding any provision in the rental agreement to the 43
contrary. 44
6. A landlord who installs a new lock pursuant to this 45
section may retain a copy of the key or entry code that 46
opens the new lock. 47
7. A landlord who installs a new lock pursuant to this 48
section may require the tenant or lessee to pay for the 49
actual and reasonable cost incurred by the landlord in 50
changing the locks. 51
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