Effective - 28 Aug 1997
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)
Structure Missouri Revised Statutes
Title XXIX - Ownership and Conveyance of Property
Chapter 441 - Landlord and Tenant
Section 441.005 - Definitions.
Section 441.010 - Covenant or contract of tenant to repair — effect of.
Section 441.020 - Illegal use of premises renders lease void.
Section 441.030 - Tenant not to assign without consent — nor violate conditions — nor commit waste.
Section 441.040 - Landlord may take possession, when — landlord liable, when, burden of proof.
Section 441.050 - Tenancy from year to year, how terminated.
Section 441.065 - Abandonment of rental premises, when, procedure.
Section 441.070 - No notice necessary, when.
Section 441.080 - Liability of tenants after termination of term.
Section 441.090 - Recovery action — tenant served with summons — notice — penalty.
Section 441.100 - Tenant giving notice to quit, and failing to do so, liable.
Section 441.110 - Such rent, how recovered.
Section 441.120 - Oral evidence not to show renewal of lease or change — notice to quit.
Section 441.130 - Alienee or assignee may recover rent.
Section 441.140 - Grants of rents good without attornment of tenants.
Section 441.150 - Attornment to stranger void — exceptions.
Section 441.160 - Executor or administrator of tenant for life may recover rents.
Section 441.170 - Remedy of executor or administrator.
Section 441.180 - Rents dependent on life of another, how recovered when unpaid.
Section 441.190 - Rent due on lease for life, how recovered.
Section 441.200 - Landlord may recover for use and occupation.
Section 441.210 - If parol demise appear on trial, shall be evidence of what.
Section 441.220 - Rent may be recovered of whom, and how.
Section 441.230 - If tenant sublet, landlord may join sublessees in same actions.
Section 441.234 - Tenant may deduct cost of repair of rental premises from rent, when — limitations.
Section 441.240 - Attachment for rent.
Section 441.250 - Proceedings to be same as in suits by attachment.
Section 441.260 - Who may recover rent.
Section 441.270 - What property exempt from attachment for rent.
Section 441.280 - Landlord's lien on crops for rent.
Section 441.290 - Landlord's lien for money or supplies furnished tenant.
Section 441.300 - Lien, how enforced.
Section 441.500 - Definitions.
Section 441.510 - Civil action, how maintained — procedure.
Section 441.520 - Parties to action — designation of registered agent required, when.
Section 441.530 - Application, contents.
Section 441.540 - No jury trial.
Section 441.550 - Notice of application filed with recorder of deeds.
Section 441.560 - Denial of entry a defense.
Section 441.570 - Action of court upon finding a nuisance exists.
Section 441.580 - Payment of rent, effect of.
Section 441.590 - Court orders, provisions.
Section 441.600 - Receiver discharged, when.
Section 441.610 - Waiver of provisions of sections 441.500 to 441.640 void.
Section 441.630 - Duties of occupant.
Section 441.643 - Frivolous suit, attorney's fees.
Section 441.645 - Act of God, tenant not liable for rent.
Section 441.710 - Certain parties have standing to initiate expedited eviction proceedings.
Section 441.720 - Expedited eviction actions, where filed, when continued or stayed.
Section 441.730 - Failure to prosecute claim, court may substitute other interested party.
Section 441.740 - Immediate eviction ordered, when — immediate removal ordered, when.
Section 441.750 - Immediate eviction, not granted when — tenant's burden of proof.
Section 441.780 - Notice not required in certain eviction actions, when.
Section 441.790 - Certain evidence admissible in certain eviction-related actions.
Section 441.810 - Discovery in certain eviction proceedings.
Section 441.820 - Protection orders for witnesses in certain eviction proceedings.
Section 441.840 - Rent to continue accruing during certain eviction proceedings.
Section 441.850 - Certain parties entitled to attorney's fees in certain eviction proceedings, when.
Section 441.860 - Remedies cumulative.
Section 441.870 - Immunity from civil liability in certain eviction proceedings, granted when.