Failure to prosecute claim, court may substitute other interested party
If someone who has the right to bring a case about a rental property is not moving forward with it fast enough, a court can swap them out and put a different group in charge of the case. That replacement group has to agree to take over and has to be a nonprofit neighborhood or community group that represents the area where the rental property is located. Before making that swap, the court has to give the people involved a fair warning and a chance to speak up.
441.730. , court may substitute other . — If the court finds that those parties with section 441.710 have failed to either initiate or pursue a matter with , then the court may substitute as a any that both consents to the appointment and that meets the definition of an interested party. may only be had after giving to the parties, if the has been filed, or to the landlord and the if the action has not been filed, reasonable notice and opportunity to be heard by the court on the proposed substitution. As used in sections 441.710 to 441.880, an "interested party" is defined as any incorporated, or community-based organization which represents the well-being and interests of the community where the is located.
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Source & history notes
(L. 1997 H.B. 361)
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