Unlawful detainer statute does not address title, only immediate possession as against unlawful occupants, foreclosed mortgagees, and holdover employees or tenants. Respondent established that appellants were tenants, by proving that respondent let appellants occupy property in exchange for appellants’ services, even without a written lease. Statute deemed that tenancy month to month, subject to termination on one month’s notice, which respondent established by showing delivery through counsel. Appellants raised no genuine dispute as to those or any other material facts, so the circuit court did not err in granting summary judgment to respondent. Time for adverse possession does not apply to a landlord-tenant relationship because the tenancy is not adverse to the landlord.
Joe D. Brown, in his Capacity as Successor Trustee of the George E. Heard Revocable Trust, Dated February 24, 2000 vs. Douglas Lee Barnes and Kyle Barnes
Missouri Court of Appeals, Western District – WD84279
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