Effective – 28 Aug 2014 441.500. Definitions. — As used in sections 441.500 to 441.643, the following terms mean: (1) “Abatement”, the removal or correction, including demolition, of any condition at a property that violates the provisions of any duly enacted building or housing code, as well as the making of such other improvements or […]
Effective – 28 Aug 2001 441.510. Civil action, how maintained — procedure. — 1. If any building or dwelling is found to be in violation of building or housing codes which the county, municipality, local housing corporation or neighborhood association in the exercise of reasonable discretion believes constitutes a threat to the public health, safety […]
Effective – 28 Aug 2001 441.520. Parties to action — designation of registered agent required, when. — 1. The action to appoint a receiver authorized by section 441.510 shall be commenced by the filing of a verified petition by the county, municipality, local housing corporation or neighborhood association. 2. There shall be named as defendants: […]
Effective – 28 Aug 1998 441.530. Application, contents. — The application shall state: (1) The facts constituting a nuisance with respect to the dwelling unit, building or premises of which the dwelling unit is a part; (2) That violations of the housing code exist as determined by a notice of deficiency; (3) That the owner […]
Effective – 28 Aug 1969 441.540. No jury trial. — Trial shall be by the court without a jury. ——– (L. 1969 p. 537 § 5)
Effective – 28 Aug 2001 441.550. Notice of application filed with recorder of deeds. — In any application for receivership brought pursuant to sections 441.500 to 441.643, the county, municipality, local housing corporation or neighborhood association shall file for record, with the recorder of deeds of the county in which any such real estate is […]
Effective – 28 Aug 1969 441.560. Denial of entry a defense. — It shall be a sufficient defense to the proceeding if the defendant establishes that he, the owner or his agent has been unable to obtain entry to a portion of the premises for the purpose of correcting the nuisance, notwithstanding his good faith […]
Effective – 28 Aug 1998 441.570. Action of court upon finding a nuisance exists. — The court may, after hearing and finding the dwelling unit or building constitutes a nuisance: (1) Appoint a receiver and direct that present and future rents due from one or more occupants be paid by the occupant or occupants with […]
Effective – 28 Aug 1998 441.580. Payment of rent, effect of. — Upon the entry of an order directing the payment of rents pursuant to section 441.570, such payment in accordance with the terms of the order shall be a valid defense to any action or proceeding brought by an owner against any tenant to […]
Effective – 28 Aug 2001 441.590. Court orders, provisions. — 1. The court may, in any order entered pursuant to section 441.570: (1) Authorize the receiver to draw upon the rents deposited in court to pay for the cost of necessary repairs upon presentment to the court of the original copy of any invoice for […]
Effective – 28 Aug 1993 441.600. Receiver discharged, when. — The receiver shall be discharged upon rendering a full and complete accounting to the court when the conditions giving rise to the receivership have been removed and the cost thereof, and all other costs authorized by sections 441.500 to 441.640, have been paid or reimbursed […]
Effective – 28 Aug 1998 441.610. Waiver of provisions of sections 441.500 to 441.640 void. — Any provision of a lease or other agreement whereby any provision of sections 441.500 to 441.643 for the benefit of an occupant of a dwelling unit or units is waived or denied shall be deemed against public policy and […]
Effective – 28 Aug 1998 441.630. Duties of occupant. — Every occupant of a dwelling unit under the provisions of sections 441.500 to 441.643 shall be responsible to pay all rents due from him or her when such rents become due and to exercise reasonable care: (1) To dispose of all rubbish and garbage in […]
Effective – 28 Aug 1998 441.641. Court appoints receiver to abate nuisance — holder of title does not act to regain possession, transfer of title, when. — If the court appoints a receiver to abate a nuisance pursuant to sections 441.500 to 441.643, and the holder of title to the property or any other party […]
Effective – 28 Aug 1998 441.643. Frivolous suit, attorney’s fees. — In the event the court finds that the facts alleged in the petition filed pursuant to section 441.530 are unfounded and that the petition was filed frivolously and in bad faith, the petitioner shall be responsible for the reasonable attorney’s fees attributable to the […]
Effective – 28 Aug 2010 441.645. Act of God, tenant not liable for rent. — If a residence is destroyed by an act of God, including but not limited to fire or a tornado, or other natural disaster or man-made disaster, so long as the tenant was not the person who caused the disaster, the […]
