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441.880. Stay of execution of eviction order, when--notification of interested parties--probationary tenancy, failure to comply results in removal of stay of execution--prior conduct actionable--compl

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Stay of execution of eviction order, when--notification of interestedparties--probationary tenancy, failure to comply results in removalof stay of execution--prior conduct actionable--compliance withprobationary tenancy can result in dismissal of cause of action. 441.880.1.Upon application of a person subject to removal oreviction, the court shall stay execution of an order for removal or evictionif the movant establishes and the court finds all of the following: (1)The person is a drug user and drug dependent, and will promptlyenter a court-approved drug treatment program, or the tenant did not aid orassist in the drug-related criminal activity; (2)The activity which is the subject of the action did not occur withinone thousand feet of a school or did not involve the sale or distribution ofdrugs to minors; (3)A weapon or firearm was not used or possessed in connection with theactivity that is the subject of the action; (4)The court has not or will not issue a protective order pursuant tosection 441.820; (5)The movant has not previously received a stay of execution for causebrought pursuant to sections 441.710 to 441.880; and (6)The stay of execution will not endanger the safety, health orwell-being of the surrounding community or the plaintiff. 2.The plaintiff, or any interested party who submits a written requestto the court to be notified of an application for a stay of execution, shallbe provided reasonable notice of, and an opportunity to be heard at, allhearings relating to a stay of execution sought pursuant to this section. 3.If the court stays execution of a removal or eviction order pursuantto subsection 1 of this section, then the court shall place the movant onprobationary tenancy.The period of probationary tenancy shall last eithersix months or for the duration of the lease agreement between the landlord andthe tenant, whichever is shorter.The court may impose or modify such termsand conditions of probationary tenancy as are necessary to further thepurposes of sections 441.710 to 441.880 or to protect the safety, health orwell-being of the surrounding community or the parties.If a defendant isdetermined by the court to be a drug user and drug dependent, the terms andconditions of probationary tenancy may include, but are not limited to, theperiodic drug testing of the defendant, a program of reasonable communityservice and prompt entry into and participation in a court-approved drugtreatment program. 4.Following a motion by the plaintiff alleging defendant'snoncompliance with the terms and conditions of probationary tenancy, and afive-day written notice served on the defendant specifying the time and placeof the hearing and the particulars of the alleged noncompliance, the court mayconduct a hearing on the motion.If the defendant is found by the court tohave materially failed to comply with any terms or conditions of probationarytenancy, then the court shall immediately rescind the stay of execution.Anyhearing held pursuant to this section shall be expedited and shall be heldwithin five days of the court certification of service of the written noticeon the defendant. 5.Nothing in sections 441.710 to 441.880 shall impair the right of aparty to seek the eviction or removal of a tenant or person for conductoccurring 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 torefuse to extend or renew a lease or tenancy pursuant to existing law. 6.Following a motion by the defendant alleging that the defendant hassubstantially complied with the terms and conditions of probation and that thedefendant no longer poses a risk to the safety, health or well-being of thesurrounding community or parties, and a five-day written notice served on theplaintiff specifying the time and place of the hearing and the particulars ofthe motion, the court may conduct a hearing on the motion.Upon findingsufficient evidence to support the motion, the court shall discharge the orderof eviction or removal and shall dismiss the cause of action.The order ofeviction or removal shall automatically be deemed discharged and the cause ofaction automatically deemed dismissed upon expiration of the term ofprobationary tenancy.(L. 1997 H.B. 361)
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  • Stay of execution of eviction order, when--notification of interestedparties--probationary tenancy, failure to comply results in removalof stay of execution--prior conduct actionable--compliance withprobationary tenancy can result in dismissal of cause of action.

    441.880. 1. Upon application of a person subject to removal oreviction, the court shall stay execution of an order for removal or evictionif the movant establishes and the court finds all of the following:

    (1) The person is a drug user and drug dependent, and will promptlyenter a court-approved drug treatment program, or the tenant did not aid orassist in the drug-related criminal activity;

    (2) The activity which is the subject of the action did not occur withinone thousand feet of a school or did not involve the sale or distribution ofdrugs to minors;

    (3) A weapon or firearm was not used or possessed in connection with theactivity that is the subject of the action;

    (4) The court has not or will not issue a protective order pursuant tosection 441.820;

    (5) The movant has not previously received a stay of execution for causebrought pursuant to sections 441.710 to 441.880; and

    (6) The stay of execution will not endanger the safety, health orwell-being of the surrounding community or the plaintiff.

    2. The plaintiff, or any interested party who submits a written requestto the court to be notified of an application for a stay of execution, shallbe provided reasonable notice of, and an opportunity to be heard at, allhearings relating to a stay of execution sought pursuant to this section.

    3. If the court stays execution of a removal or eviction order pursuantto subsection 1 of this section, then the court shall place the movant onprobationary tenancy. The period of probationary tenancy shall last eithersix months or for the duration of the lease agreement between the landlord andthe tenant, whichever is shorter. The court may impose or modify such termsand conditions of probationary tenancy as are necessary to further thepurposes of sections 441.710 to 441.880 or to protect the safety, health orwell-being of the surrounding community or the parties. If a defendant isdetermined by the court to be a drug user and drug dependent, the terms andconditions of probationary tenancy may include, but are not limited to, theperiodic drug testing of the defendant, a program of reasonable communityservice and prompt entry into and participation in a court-approved drugtreatment program.

    4. Following a motion by the plaintiff alleging defendant'snoncompliance with the terms and conditions of probationary tenancy, and afive-day written notice served on the defendant specifying the time and placeof the hearing and the particulars of the alleged noncompliance, the court mayconduct a hearing on the motion. If the defendant is found by the court tohave materially failed to comply with any terms or conditions of probationarytenancy, then the court shall immediately rescind the stay of execution. Anyhearing held pursuant to this section shall be expedited and shall be heldwithin five days of the court certification of service of the written noticeon the defendant.

    5. Nothing in sections 441.710 to 441.880 shall impair the right of aparty to seek the eviction or removal of a tenant or person for conductoccurring 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 torefuse to extend or renew a lease or tenancy pursuant to existing law.

    6. Following a motion by the defendant alleging that the defendant hassubstantially complied with the terms and conditions of probation and that thedefendant no longer poses a risk to the safety, health or well-being of thesurrounding community or parties, and a five-day written notice served on theplaintiff specifying the time and place of the hearing and the particulars ofthe motion, the court may conduct a hearing on the motion. Upon findingsufficient evidence to support the motion, the court shall discharge the orderof eviction or removal and shall dismiss the cause of action. The order ofeviction or removal shall automatically be deemed discharged and the cause ofaction automatically deemed dismissed upon expiration of the term ofprobationary tenancy.

    (L. 1997 H.B. 361)

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