Court-ordered eviction, when — court-ordered removal of third party from leased premises, when — expedited eviction order — stay of execution of eviction order, when.

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Effective - 28 Aug 2014

441.770. Court-ordered eviction, when — court-ordered removal of third party from leased premises, when — expedited eviction order — stay of execution of eviction order, when. — 1. If the grounds for an eviction have been established pursuant to subsection 1 of section 441.740, the court shall order that the tenant be evicted from the leased property. Following the order, the tenant shall have twenty-four hours to vacate the premises and the landlord shall subsequently have a right to reenter and take possession of the premises.

2. If the grounds for a removal have been established pursuant to subsection 2 of section 441.740, the court shall order that those persons found to be engaging in the criminal activity described therein be immediately removed and barred from the leased property, but the court shall not order the tenancy be terminated.

3. The court may order the expedited execution of an eviction or removal order by requiring the order's enforcement by the appropriate agency within a specified number of days after final judgment.

4. The court may stay execution of an eviction or removal order for a reasonable length of time if the moving party establishes by clear and convincing evidence that immediate removal or eviction would pose a serious danger to the party and that this danger outweighs the safety, health and well-being of the surrounding community and of the plaintiff.

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(L. 1997 H.B. 361, A.L. 2014 H.B. 1410 merged with S.B. 655)


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