Effective 28 Aug 1997
441.750. Immediate eviction, not granted when — tenant's burden of proof. — 1. The court shall not order 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 action to prevent the activity because of verbal or physical coercion by the person conducting the activity.
2. Actions filed pursuant to 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 provisions of this section and the conduct alleged in the petition, provided the tenant then fails to take at least one of the following measures against the person alleged to be conducting such activity and delivers written proof of same to the plaintiff:
(1) The tenant seeks a protective order, restraining order, order to vacate the premises, or other similar relief which would apply to such activity; or
(2) The tenant reports the activity to a law enforcement agency or the county or prosecuting attorney in an effort to initiate a criminal action against the person conducting the activity.
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(L. 1997 H.B. 361)
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