447.638. Restoration of possession, compensation. - Missouri Statutes

Restoration of possession, compensation.

447.638. The owner may petition the circuit court for restoration ofpossession of the property and, upon due notice to the plaintifforganization, for a hearing on such petition. At the hearing, the courtshall determine whether the owner has the capacity and the resources tocomplete rehabilitation of the property if such work has not been completedby the organization. If the court determines that the owner does not havethe capacity or the resources to complete rehabilitation of the property,the court shall not restore possession to the owner. If the courtdetermines that the rehabilitation work has been completed by theorganization or that the owner has the capacity and the resources tocomplete the rehabilitation, the court shall then determine propercompensation to the organization for its expenditures, including managementfees, based on the organization's reports to the court. The court, indetermining the proper compensation to the organization, may considerincome or receipts received from the property by the organization. Afterthe owner pays the compensation to the organization as determined by thecourt, the owner shall resume possession of the property, subject to allexisting rental agreements, whether written or verbal, entered into by theorganization.

(L. 1993 S.B. 376 § 10, A.L. 2002 H.B. 1634 merged with S.B. 1086 & 1126)