Stay of execution of eviction order, when
When someone is about to be evicted because of drug-related activity, a court can put the eviction on hold if certain conditions are met — like the person is getting drug treatment, no weapons were involved, the activity didn't happen near a school or involve selling drugs to kids, and letting them stay won't put the neighborhood at risk. If the court agrees to pause the eviction, the person goes on a probationary tenancy for up to six months. If the person breaks the rules during that time, the pause is lifted and the eviction moves forward. If the person follows all the rules and no longer poses a risk, the court can drop the eviction case entirely.
441.880. of , when — notification of — , failure to comply results in removal of stay of execution — prior conduct able — with probationary tenancy can result in dismissal of . — 1. Upon of a person subject to removal or eviction, the court shall of an order for removal or eviction if the establishes and the court finds all of the following:
(1) The person is a drug user and drug , and will promptly enter a court-approved drug treatment program, or the did not aid or assist in the drug-related criminal activity;
(2) The activity which is the subject of the action did not occur within one thousand feet of a school or did not involve the sale or distribution of drugs to minors;
(3) A weapon or firearm was not used or possessed in connection with the activity that is the subject of the action;
(4) The court has not or will not a section 441.820;
(5) The movant has not previously received a stay of execution brought pursuant to sections 441.710 to 441.880; and
(6) The stay of execution will not endanger the safety, health or well-being of the surrounding community or the .
2. The plaintiff, or any who submits a written request to the court to be notified of an application for a stay of execution, shall be provided reasonable notice of, and an opportunity to be heard at, all s relating to a stay of execution sought pursuant to this section.
3. If the court of a removal or eviction order pursuant to 1 of this section, then the court shall place the movant on probationary tenancy. The period of probationary tenancy shall last either six months or for the duration of the between the landlord and the tenant, whichever is shorter. The court may impose or such terms and conditions of probationary tenancy as are necessary to further the purposes of sections 441.710 to 441.880 or to protect the safety, health or well-being of the surrounding community or the parties. If a is determined by the court to be a drug user and drug dependent, the terms and conditions of probationary tenancy may include, but are not limited to, the periodic drug testing of the defendant, a program of reasonable and prompt entry into and participation in a court-approved drug treatment program.
4. Following a by the plaintiff alleging defendant's with the terms and conditions of probationary tenancy, and a five-day written notice on the defendant specifying the time and place of the hearing and the particulars of the alleged noncompliance, the court may conduct a hearing on the motion. If the defendant is found by the court to have materially failed to comply with any terms or conditions of probationary tenancy, then the court shall immediately the stay of execution. Any hearing held pursuant to this section shall be and shall be held within five days of the court of of the written notice on the defendant.
5. Nothing in sections 441.710 to 441.880 shall impair the right of a to seek the eviction or removal of a tenant or person for conduct occurring subsequent to the events giving rise to the initial cause of action, and sections 441.710 to 441.880 shall not impair the right of a landlord to refuse to extend or renew a or pursuant to existing law.
6. Following a motion by the defendant alleging that the defendant has substantially complied with the terms and conditions of and that the defendant no longer poses a risk to the safety, health or well-being of the surrounding community or parties, and a five-day written notice served on the plaintiff specifying the time and place of the hearing and the particulars of the motion, the court may conduct a hearing on the motion. Upon finding sufficient evidence to support the motion, the court shall the order of eviction or removal and shall dismiss the cause of action. The order of eviction or removal shall automatically be and the cause of action automatically deemed dismissed upon expiration of the term of probationary tenancy.
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Source & history notes
(L. 1997 H.B. 361)
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