Effective 28 Aug 1997

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 — compliance with probationary tenancy can result in dismissal of cause of action. — 1. Upon application of a person subject to removal or eviction, the court shall stay execution of an order for removal or eviction if the movant establishes and the court finds all of the following:

(1) The person is a drug user and drug dependent, and will promptly enter a court-approved drug treatment program, or the tenant 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 issue a protective order pursuant to section 441.820;

(5) The movant has not previously received a stay of execution for cause 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 plaintiff.

2. The plaintiff, or any interested party 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 hearings relating to a stay of execution sought pursuant to this section.

3. If the court stays execution of a removal or eviction order pursuant to subsection 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 lease agreement between the landlord and the tenant, whichever is shorter. The court may impose or modify 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 defendant 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 community service and prompt entry into and participation in a court-approved drug treatment program.

4. Following a motion by the plaintiff alleging defendant's noncompliance with the terms and conditions of probationary tenancy, and a five-day written notice served 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 rescind the stay of execution. Any hearing held pursuant to this section shall be expedited and shall be held within five days of the court certification of service of the written notice on the defendant.

5. Nothing in sections 441.710 to 441.880 shall impair the right of a party 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 lease or tenancy pursuant to existing law.

6. Following a motion by the defendant alleging that the defendant has substantially complied with the terms and conditions of probation 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 discharge the order of eviction or removal and shall dismiss the cause of action. The order of eviction or removal shall automatically be deemed discharged and the cause of action automatically deemed dismissed upon expiration of the term of probationary tenancy.

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(L. 1997 H.B. 361)