441.740. Immediate eviction ordered, when--immediate removal ordered, when. - Missouri Statutes

Immediate eviction ordered, when--immediate removal ordered, when.

441.740. 1. The court shall, subject to the provisions of sections441.750 and 441.880, order the immediate eviction of a tenant as set forthin section 441.770, or issue an order pursuant to section 441.830, if itfinds any of the following:

(1) An emergency situation where dispossession of the tenant byother, 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 torepair such damage exceeds an amount equal to twelve months of rent; forthe purposes of this paragraph, the term "rent" shall include the amountowed by the tenant along with any subsidy owed from any third party;

No action shall be taken under this subdivision unless the lessor firstmakes a reasonable attempt to abate the emergency situation through publiclaw enforcement authorities or local mental health services personnelauthorized to take action pursuant to section 632.300, RSMo, et seq., asappropriate.

(2) Drug-related criminal activity has occurred on or within theproperty 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 hasengaged in drug-related criminal activity either within, on or in theimmediate vicinity of the leased property;

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

(6) The tenant has failed to promptly notify the plaintiff that aperson whom the plaintiff previously had removed from the property leasedby the tenant, with the knowledge of the tenant, has returned to, enteredonto 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 activitydescribed in this section on or in the immediate vicinity of the leasedproperty. Persons removed from the leased premises pursuant to thissection shall be immediately barred from entering onto or remaining on anyportion of the leased property.

(L. 1997 H.B. 361)