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Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 441

previous next Effective - 28 Aug 1997bottom

  441.740.  Immediate eviction ordered, when — immediate removal ordered, when. — 1.  The court shall, subject to the provisions of sections 441.750 and 441.880, order the immediate eviction of a tenant as set forth in section 441.770, or issue an order pursuant to section 441.830, if it finds any of the following:

  (1)  An emergency situation where dispossession of the tenant by other, less expeditious legal means would, because of the passage of time, imminently cause with a reasonable certainty either of the following:

  (a)  Physical injury to other tenants or the lessor; or

  (b)  Physical damage to lessor's property and the reasonable cost to repair such damage exceeds an amount equal to twelve months of rent; for the purposes of this paragraph, the term "rent" shall include the amount owed by the tenant along with any subsidy owed from any third party; No action shall be taken under this subdivision unless the lessor first makes a reasonable attempt to abate the emergency situation through public law enforcement authorities or local mental health services personnel authorized to take action pursuant to section 632.300, et seq., as appropriate.

  (2)  Drug-related criminal activity has occurred on or within the property leased to the tenant;

  (3)  The property leased to the tenant was used in any way to further, promote, aid or assist in drug-related criminal activity;

  (4)  The tenant, a member of the tenant's household or a guest has engaged in drug-related criminal activity either within, on or in the immediate vicinity of the leased property;

  (5)  The tenant has given permission to or invited a person to enter onto or remain on any portion of the leased property, and the tenant did so knowing that the person had been removed or barred from the leased property pursuant to the provisions of sections 441.710 to 441.880; or

  (6)  The tenant has failed to promptly notify the plaintiff that a person whom the plaintiff previously had removed from the property leased by the tenant, with the knowledge of the tenant, has returned to, entered onto or remained on the property leased by the tenant.

  2.  The court shall, subject to the provisions of section 441.880, order the immediate removal of any person who engages in criminal activity described in this section on or in the immediate vicinity of the leased property.  Persons removed from the leased premises pursuant to this section shall be immediately barred from entering onto or remaining on any portion of the leased property.

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(L. 1997 H.B. 361)


---- end of effective   28 Aug 1997 ----

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