Expedited eviction is a relatively new type of eviction action created by statute in 1997. It is covered in §§ 441.710 to 441.880 of the Missouri Revised Statutes. The procedure is unique in that it can be used to exclude non-tenants as well as tenants from leased property. The following is a summary of important points.

If there are grounds for expedited eviction and the landlord does not take action to evict the tenant within 30 days after being asked to do so, the prosecuting attorney or a neighborhood association can file the eviction action in the landlord’s place.

According to §441.740 RSMo., a landlord or other “interested party” can seek expedited eviction on any one or more of the following grounds:

(a) An emergency situation exists whereby eviction by other means would, with reasonable certainty, result in imminent physical injury to other tenants or the landlord, or physical damage to the landlord’s property costing more than 12 months rent (however, this ground cannot be used unless the landlord first makes a reasonable effort to abate the emergency situation through public law enforcement authorities or through local mental health services personnel authorized to take action pursuant to §632.300 RSMo. et seq., which allow civil detention of persons likely to cause physical harm to others or themselves)

(b) drug-related criminal activity has occurred on or within the property leased to the tenant

(c) the property leased to the tenant was used in any way to further, promote, aid or assist in drug-related criminal activity

(d) the tenant, a member of the tenant’s household or a guest has engaged in drug-related criminal activity either within, on or in the immediate vicinity of the leased property

(e) the tenant has given permission to or invited a person to enter onto or remain on any portion of the leased property knowing that the person had been removed or barred from the leased property pursuant to the provisions of the expedited eviction statutes

(f) the tenant has failed to promptly notify the landlord that a person whom the landlord previously had removed from the property has returned to, entered onto or remained on the property leased by the tenant with the tenant’s knowledge.

No advance notice is necessary for a landlord to file for expedited eviction unless the perpetrator of the illegal activity is someone other than the actual tenant. §441.780 RSMo. If the perpetrator is someone other than the tenant, then under §441.750 RSMo., the landlord must give 5 days written notice to the tenant setting out the provisions of §441.750 and specifying the grounds for expedited eviction. The landlord can then file for expedited eviction against the tenant after 5 days unless the tenant delivers written notice to the landlord within the 5-day period that the tenant has either:

(1) sought a protective order, restraining order, order to vacate the premises, or other similar relief against the perpetrator, or

(2) reported the illegal activity to a law enforcement agency or county prosecuting attorney in an effort to initiate a criminal proceeding against the perpetrator.

If the landlord proves that the tenant was personally responsible for one or more of the grounds for expedited eviction, the court will order the tenant evicted. §441.770 RSMo. If someone other than the tenant was the perpetrator and the landlord proves one or more of the grounds for expedited eviction, but the tenant proves that he or she in no way furthered, promoted, aided or assisted in the illegal activity, and that he or she did not know or have reason to know the activity was occurring or was unable to prevent the activity because of verbal or physical coercion by the perpetrator, then the court can order the perpetrator excluded from the property but cannot evict the tenant. If the tenant cannot prove these defenses, however, then the tenant can also be evicted. §441.770 RSMo. The court can order the expedited eviction or removal order enforced by a law enforcement agency within a number of days specified by the court after final judgment. §441.770 RSMo.

Expedited eviction can be pursued even if criminal prosecution has not been commenced, will not be commenced, has not been concluded, or has been concluded without a conviction. §441.800.1 RSMo. In any event, relevant evidence obtained in good faith by a law enforcement officer is admissible in an expedited eviction proceeding. §441.790 RSMo. If a criminal proceeding involving the drug-related criminal activity has resulted in the conviction of the tenant or another defendant in the expedited eviction case, the conviction prevents the convicted person from challenging the essential elements of the criminal offense in an expedited eviction proceeding. §441.800.2 RSMo.

The court can enter orders in expedited eviction cases to protect persons who may be called as witnesses. An order can be issued if a witness has been threatened, intimidated or otherwise has reason to fear for his or her safety. Orders can include nondisclosure of names and addresses of witnesses and questioning of witnesses in the judge’s chambers. §441.830 RSMo.

The landlord must give the defendants in an expedited eviction case a reasonable opportunity before trial to examine all documents or records in the landlord’s possession that relate to the case. The court can allow further discovery if it would not unduly delay the case and would ensure fair disposition. §441.810 RSMo.

Expedited eviction cases are to be tried no later than 15 days after service of summons. The court is directed not to continue or stay such cases except for compelling and extraordinary reasons. §441.720 RSMo.

Before entering a final order in an expedited eviction case, the court can issue restraining orders and other preliminary relief to prevent further commission of drug-related crimes at or near the leased premises or to protect the rights of the parties or nearby residents. §441.830 RSMo.

The landlord is entitled to continue collecting rent from a tenant while an expedited eviction case is proceeding. It thus appears that the landlord can ask the court to award unpaid rent in the case. §441.840 RSMo.

If the court finds that the tenant or another person should be evicted or excluded from the leased premises, the court must postpone the eviction or exclusion if the tenant or other person asks for a postponement and proves six points to the court’s satisfaction:

(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 drug-related activity did not occur within 1,000 feet of a school and 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 drug-related activity

(4) the court has not issued and will not issue an order to protect witnesses in the case

(5) the person has not previously received a postponement of eviction or exclusion in an expedited eviction case

(6) the postponement will not endanger the safety, health or well-being of the surrounding community or the landlord.

If the landlord submits an appropriate written request to the court, the court will notify the landlord if a request for postponement is filed and give the landlord the opportunity to participate in any hearings on the postponement. If the court decides to grant the postponement, the tenant will be placed on “probationary tenancy” for 6 months or the remaining lease term, whichever is shorter. The court can specify conditions for the probationary tenancy to protect the landlord and those living nearby and to further the purposes of the expedited eviction law. Conditions that can be imposed include periodic drug testing, community service, and participation in a treatment program. §441.880 RSMo.

There is no specific provision in §§ 441.710 – 441.880 RSMo. for a jury trial in expedited eviction cases. Reading the sections as a whole leads to the conclusion that the legislature intended that there not be a right to jury trial in such cases because of the short time frames allowed and a number of references to findings and orders to be made by “the court,” as well as no references whatsoever to a jury.

Finally, it is important to note that if the landlord acts in good faith in pursuing an expedited eviction based on information the landlord received, the landlord is immune from civil liability to the tenant and other persons against whom allegations may be made. §441.870 RSMo.

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