Effective - 28 Aug 1997
441.750. Immediate eviction, not granted when — tenant's burden of proof. — 1. The court shall not order the eviction of a tenant under section 441.740 if the tenant establishes that he or she in no way furthered, promoted, aided or assisted in activity described in section 441.740, and that the tenant did not know or have reason to know that such activity was occurring on or within the property, or the tenant was unable to take action to prevent the activity because of verbal or physical coercion by the person conducting the activity.
2. Actions filed pursuant to sections 441.710 to 441.880 against a tenant, where the criminal activity described in section 441.740 is alleged to have been conducted by a person other than a tenant, may be filed following at least five days' written notice to the tenant specifying the provisions of this section and the conduct alleged in the petition, provided the tenant then fails to take at least one of the following measures against the person alleged to be conducting such activity and delivers written proof of same to the plaintiff:
(1) The tenant seeks a protective order, restraining order, order to vacate the premises, or other similar relief which would apply to such activity; or
(2) The tenant reports the activity to a law enforcement agency or the county or prosecuting attorney in an effort to initiate a criminal action against the person conducting the activity.
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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.