441.750. Immediate eviction, not granted when--tenant's burden of proof.
Immediate eviction, not granted when--tenant's burden of proof.
441.750. 1. The court shall not order the eviction of a tenant undersection 441.740 if the tenant establishes that he or she in no wayfurthered, promoted, aided or assisted in activity described in section441.740, and that the tenant did not know or have reason to know that suchactivity was occurring on or within the property, or the tenant was unableto take action to prevent the activity because of verbal or physicalcoercion by the person conducting the activity.
2. Actions filed pursuant to sections 441.710 to 441.880 against atenant, where the criminal activity described in section 441.740 is allegedto have been conducted by a person other than a tenant, may be filedfollowing at least five days' written notice to the tenant specifying theprovisions of this section and the conduct alleged in the petition,provided the tenant then fails to take at least one of the followingmeasures against the person alleged to be conducting such activity anddelivers written proof of same to the plaintiff:
(1) The tenant seeks a protective order, restraining order, order tovacate the premises, or other similar relief which would apply to suchactivity; or
(2) The tenant reports the activity to a law enforcement agency orthe county or prosecuting attorney in an effort to initiate a criminalaction against the person conducting the activity.
(L. 1997 H.B. 361)