Effective 28 Aug 1945

441.240. Attachment for rent. — 1. Any person who shall be liable to pay rent, whether the same be due or not, or whether the same be payable in money or other thing, if the rent be due within one year thereafter, shall be liable to attachment for such rent, in the following instances:

(1) When he intends to remove his property from the leased or rented premises;

(2) When he is removing his property from the leased or rented premises;

(3) When he has, within thirty days, removed his property from the leased or rented premises;

(4) When he shall in any manner dispose of the crop, or any part thereof, grown on the leased or rented premises, so as to endanger, hinder or delay the collection of the rent;

(5) When he shall attempt to dispose of the crop, or any part thereof, grown on the leased or rented premises, so as to endanger, hinder or delay the collection of the rent;

(6) When the rent is due and unpaid, after demand thereof. Provided, if such tenant be absent from such leased premises, demand may be made of the person occupying the same.

2. The person to whom the rent is owing, or his agent, may, before an associate circuit judge or the clerk of a court of record having jurisdiction of actions by attachment in ordinary cases, of the county in which the premises lie, make an affidavit of one or more of the foregoing grounds of attachment, and that he believes unless an attachment issue plaintiff will lose his rent; and upon the filing of such affidavit, together with a statement of plaintiff's cause of action, such officer shall issue an attachment for the rent against the personal property, including the crops grown on the leased premises, but no such attachment shall issue until the plaintiff has given bond, executed by himself or by some responsible person for him, as principal, in double the amount sued for, with good security, to the defendant to indemnify him if it appear that the attachment has been wrongfully obtained; provided, if any person shall buy any crop grown on demised premises upon which any rent is unpaid, and such purchaser has knowledge of the fact that such crop was grown on demised premises, he shall be liable in an action for the value thereof, to any party entitled thereto, or may be subject to garnishment at law in any suit against the tenant for the recovery of the rent.

­­--------

(RSMo 1939 § 2986, A.L. 1945 p. 1107)

Prior revisions: 1929 § 2599; 1919 § 6893; 1909 § 7896

CROSS REFERENCE:

Attachment, generally, Chap. 521

(1993) Landlord's lien on tenant's crops attach in year crops sprout, rather than in year crops are harvested and sold. Lien for 1989 rent attached to crops planted in 1989 and harvested in 1990. Jenkins v. Missouri Farmers Association, Inc., 851 S.W.2d 542 (Mo. App. W.D.).