Section 8 Immediate Eviction

• Library: Remedies 2006

Sections 441.710–441.880, RSMo 2000, became effective August 28, 1997. Their “immediate eviction” procedures differ from unlawful detainer in the following ways:

• The remedies apply only to certain limited circumstances involving drug activity or dangers to persons or property
• In most cases, no notice is necessary to initiate an action
• The landlord has the right to collect rent while the suit is pending, § 441.840, RSMo 2000
• New remedies of “partial eviction” and “probationary tenancy” are created

• Certain persons other than the property owner may have standing to evict a tenant.
• Restraining orders may be granted in certain circumstances.

The immediate eviction procedures are similar to rent and possession and unlawful detainer in the following ways:

• The suit must be brought in the associate circuit division in the county where the premises are located.
• The petition must be verified.
• Service may be obtained by posting.

Section 441.720.1, RSMo 2000.

Section 441.740, RSMo 2000, provides for immediate eviction or a restraining order if one of the following conditions is met:

• There is an emergency situation that would “imminently cause with a reasonable certainty either”:

• physical injury to other tenants or to the lessor, or
• property damage in excess of 12 months’ rent.

(The lessor must make a reasonable attempt to abate the emergency situation through the law enforcement authorities or mental health services before bringing this action.)

• “Drug-related criminal activity has occurred on or within the property leased to the tenant.” This provision does not require any degree of culpability on the part of the tenant, merely that the activity has occurred in the tenant’s unit.

• “The property leased to the tenant was used in any way to further, promote, aid or assist in drug-related criminal activity.” (Emphasis added.) As in the previous provision, no specific nexus between the tenant and the...