Criminal prosecution unnecessary for certain eviction proceedings to begin
A landlord can start an eviction case based on drug activity even if no criminal charges were ever filed, or if the criminal case is still going on, or if it ended without a conviction. But if someone was convicted of the drug crime in criminal court, that person cannot argue in the eviction case that the drug activity did not happen.
441.800. unnecessary for certain to begin — drug-related criminal , effect on certain eviction proceedings. — 1. A brought sections 441.710 to 441.880 shall not be even though a criminal prosecution involving the drug-related activity has not been commenced, will not be commenced, has not been concluded or has been concluded without a .
2. If a criminal prosecution involving the drug-related criminal activity results in a criminal conviction the conviction shall the from challenging the of the criminal in any subsequent brought pursuant to sections 441.710 to 441.880.
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Source & history notes
(L. 1997 H.B. 361)
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