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Expedited Eviction Proceedings under
Missouri Chapter 441
Evicting tenants or barring others for criminal conduct on rental property under Missouri Chapter 441- - ideas courtesy of the Circuit Attorney's Office:
(Intended to assist landlords but not to provide legal advise or to substitute for personal legal counsel)
What this Statute allows to happen:
- Expedited eviction of tenant (only if meet criteria).
- (Shortened notice requirements, faster hearing dates, and shorter enforcement times).
- Only five days written notice for cases under this Statute when eviction is sought because of the conduct of others on the property.
- No pre-filing notice requirement when the eviction is sought for the tenant's own conduct under this Statute.
- Removal/eviction of non-tenant criminal persons (stay away orders).
Who can use this procedure?
- Circuit Attorney - - where they inform landlord in writing and landlord fails to take corrective action within 30 days.
- Landlords.
- "Interested Party" - - may include an official neighborhood group.
Who can be evicted or barred?
- Tenant (for their own conduct and for conduct of others).
- Individuals who engage in criminal conduct.
- Tenant (for other people's criminal conduct):
- Have to give tenant five days written notice.
- Notice must list the sections under which pursuing eviction.
- Notice must also explain the criminal conduct.
- After five days pass, then one can file the petition if the tenant has not 1) sought a protective order, restraining order or has vacated premises, or 2) tenant reports the criminal conduct to law enforcement authorities intending to initiate criminal charges.
When can Chapter 441 be used?
EMERGENCY SITUATIONS (Missouri Chapter 441.740.1 and 441/770.1):
After reasonable attempts to stop situation by contacting law enforcement, then in emergency circumstances, where eviction by normal proceedings would be reasonably certain to cause either:
(a) physical injuries to other tenants or to lessor, or
(b) the costs of the physical damage to lessor's property is equal to or greater than 12 months rent.
** Results in permanent termination of lease and expedited eviction!
CRIMINAL CONDUCT OF TENANT OR OTHERS: (Missouri Chapter 441.740.1 - no pre-requisite of contacting law enforcement under Chapter 441.740.1 (2) to (6))
- Drug-related criminal activity on or within property leased to tenant (not limited to conduct of tenant applies to activity happening).
- Property used in any way to further, promote, aid or assist drug -related crime.
- Tenant or member household or guest has engaged in drug-related activity within/on or immediate vicinity of property.
- Tenant knowingly givens permission to enter or remain on property that person has been previously removed or barred under 441.
- Tenant knowingly failed to promptly notify plaintiff that individual previously removed returned, entered or remained on property.
** Can result in permanent termination of lease and expedited eviction!
OTHER SITUATIONS:
To get an order barring entry:
- Any person engaging in criminal activity on or in immediate vicinity of leased property (allows immediate bar to person entering on or remaining on property under Chapter 441.740.2.)
- If person is convicted in criminal court prior to hearing, then person can not challenge the criminal allegations of the petition. (Chapter 441.800.)
- Does not matter whether case pursued criminally or if such pursuit was successful or not. (Chapter 441.800.)
Where to file?
Associate Circuit Court - - In St. Louis City, Circuit Clerk's Office in the Civil Court's Building at the corner of Tucker and Market Streets.
What to file?
"Verified Petition": Document explaining the reason (s) for eviction found under Chapter 441.740
- sign the petition sworn in front of the Clerk or
- Signed/sworn in front of a notary
(See samples to follow)
Get cover sheet from the Clerk and put on front of the petition
What must be in the petition?
- Name of person to be evicted/removed/barred (include identifying information, date of birth, social security etc.)
- Address of the leased property (include a statement of that it is in the City of St. Louis)
- State the reasons for the eviction:
- give specific examples and facts
- include one of the seven (7) reasons listed by Chapter 441.740
- If against a tenant for the conduct of others, you must state under oath that you gave 5 days written notice to tenant telling them the actions you are taking under a specific section and explain the acts involved
- What you want to happen (the relief sought): Say what you want to happen BUT can only ask for items allowed by Chapters 441.770 and 441.830
Next Steps:
- Court issues summons to tenant after petition is filed
- Summons served on tenant
- Discovery:
- provide other side a chance, prior to hearing, to look at all relevant records and documents in possession of plaintiff
- Judge can give either side more time to find evidence and exchange documents
- Hearing (court holds within 15 days of summons being served):
- Evidence allowed: any relevant evidence obtained in good faith by law enforcement officer is admissible
- Witness protected by court: Party can ask for protective order make witness(es) anonymous, secret examination by court or non-disclosure names/addresses of witnesses
- What can Result:
- If prove case: terminate lease, get eviction, protective or removal orders
(Court may speed up action on order by requiring the enforcing agency to act within a specified time period)
- If prove case, but tenant proves affirmative defense, the Court can not terminate tenancy but MUST order the removal of any person who the Court finds conducted drug activity
- Court can issue restraining/preliminary relief, before end of case, if necessary to prevent drug-related activity, protect parties, or neighborhood interests
- Landlord is entitled to rent the whole time the case is pending
- Court may stay eviction or removal orders for limited conditions BUT if does then:
- Court MUST place tenant on "probationary tenancy": short of term of probation 6 months or duration of lease
- Terms of probation: whatever necessary to further purposes of chapter OR protect safety, health or well-being of parties
- If person violates any term of probation: court or plaintiff may move to revoke probation and provide tenant 5 days notice of hearing. After hearing, if shows person violated probation then stay shall be rescinded. Hearing held w/in 5 days
- Probation ended early if person files a motion proving they have substantially complied and is no longer risk.
- Affirmative Defenses (defenses tenant or person can use):
- Tenant shows they in no way furthered, promoted, aided, or assisted in activity 441.740 AND
- tenant did not know or have reason to know that activity occurred on
property or
- tenant was unable to take action to prevent b/c of verbal or physical coercion from actor
- If not based on tenant's own activity, tenant shows did not receive 5 days written notice of conduct and section being pursues
- If not tenant's activity, tenant sought curative relief
- If not tenant's activity, tenant reported criminal activity to authorities to start criminal proceedings
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