Immediate eviction ordered, when
A court can order someone to be removed from a rental property right away in certain serious situations. These include emergencies where staying would likely cause injury or major property damage, drug-related criminal activity on or near the property, or when a tenant lets someone back onto the property after that person was already removed by court order. Anyone removed this way is immediately banned from coming back to the property.
441.740. Immediate ed, when — immediate removal ordered, when. — 1. The court shall, subject to the of sections 441.750 and 441.880, order the immediate eviction of a as set forth in section 441.770, or an order section 441.830, if it finds any of the following:
(1) An emergency situation where of the tenant by other, less legal means would, because of the passage of time, cause with a reasonable certainty either of the following:
(a) to other tenants or the ; or
(b) Physical damage to lessor's property and the reasonable cost to repair such damage exceeds an amount equal to twelve months of rent; for the purposes of this paragraph, the term "rent" shall include the amount owed by the tenant along with any subsidy owed from any .
(2) Drug-related criminal activity has occurred on or within the property 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 has engaged in drug-related criminal activity either within, on or in the immediate vicinity of the ;
(5) The tenant has given permission to or invited a person to enter onto or remain on any portion of the leased property, and the tenant did so knowing that the person had been or from the leased property pursuant to the provisions of sections 441.710 to 441.880; or
(6) The tenant has failed to promptly notify the that a person whom the plaintiff previously had removed from the property leased by the tenant, with the knowledge of the tenant, has returned to, entered onto 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 activity described in this section on or in the immediate vicinity of the leased property. Persons removed from the pursuant to this section shall be immediately barred from entering onto or remaining on any portion of the leased property.
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Source & history notes
(L. 1997 H.B. 361, A.L. 2023 S.B. 106)
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