Immediate eviction, not granted when
A renter cannot be forced to leave if they can prove they had nothing to do with the bad activity, did not know it was happening, or were threatened or physically forced by the person doing it. If someone other than the renter is the one doing the bad activity, the landlord must first give the renter at least five days written notice, and the renter can avoid eviction by getting a protective order against that person or by reporting that person to the police or a prosecutor.
441.750. Immediate , not granted when — 's . — 1. The court shall not the eviction of a tenant under section 441.740 if the tenant establishes that he or she in no way furthered, promoted, aided or assisted in activity described in section 441.740, and that the tenant did not know or have reason to know that such activity was occurring on or within the property, or the tenant was unable to take to prevent the activity because of verbal or physical by the person conducting the activity.
2. Actions filed sections 441.710 to 441.880 against a tenant, where the criminal activity described in section 441.740 is alleged to have been conducted by a person other than a tenant, may be filed following at least five days' written notice to the tenant specifying the of this section and the conduct alleged in the , provided the tenant then fails to take at least one of the following measures against the person alleged to be conducting such activity and written of same to the :
(1) The tenant seeks a , , order to the , or other similar which would apply to such activity; or
(2) The tenant reports the activity to a or the county or in an effort to initiate a against the person conducting the activity.
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Source & history notes
(L. 1997 H.B. 361)
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