Drug law gives property owners greater power

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Recently enacted House Bill 361 became part of Missouri law Aug. 28, 1999. The law, listed under Section 441.710 through 441.860, gives landlords the right to expedited eviction of tenants for drug-related or other criminal activity that creates a threat to members of the household or other people living in the immediate neighborhood.|ret||ret||tab|

The law calls for immediate eviction in situations of emergency, physical injury or physical damage to property. It also requires that a hearing be set within 15 days of complaint by the property owner following reasonable attempt to abate action through public law enforcement authorities.|ret||ret||tab|

The first step for the property owner is to alert on-site security, if the complex has security on the premises, or to call local police if there is no security officer; according to Shirley Armstead, media contact for the federal Drug Enforcement Agency in St. Louis.|ret||ret||tab|

Section 441.710 states that either the landlord or the prosecuting attorney can bring legal action, and the case shall be filed in circuit court in the county where the property is located.|ret||ret||tab|

In a later section, the law gives the court the authority for immediate removal of any person engaged in criminal activity, whether it is the tenant or a guest, and to have the person barred from the property.|ret||ret||tab|

Lynn Richards, executive director of the Springfield Apartment and Housing Association, said she believes rental property owners have not taken full advantage of the law to date. |ret||ret||tab|

The association sponsored a seminar in August to increase drug activity awareness among rental property owners. The event featured a session by local DEA officer Rob Ryan.|ret||ret||tab|

The purpose of the seminar, titled COMBAT for Community Backed Anti-drug Training was not only to educate property owners about the remedy available through the new law, but to teach them what to look for when drug-related activity is suspected.|ret||ret||tab|

Some of the most common household items are used in the production of methamphetamine, Richards said. The odor of natural gas, and an unusual amount of ammonia, coffee filters or Sudafed are all big giveaways.|ret||ret||tab|

Richards said Ryan advised the landlord not to touch anything which is usually one's first reaction if he or she enters a unit where drug activity is suspected.|ret||ret||tab|

The association advises landlords to avoid problems from the start by screening potential renters carefully. References and criminal background checks are a must these days, Richards said.|ret||ret||tab|

The cost of eviction is more than minimal.|ret||ret||tab|

Court costs and attorney fees are to be expected. The clean-up and rent loss can be huge, Richards said. Not only does the property owner lose rental income on the unit in question, but often people in neighboring units have moved out to get away from the problem.|ret||ret||tab|

Richards said the association hopes to repeat the COMBAT seminar again this summer.|ret||ret||tab|

Local attorney Thomas Benson, with the firm of Lowther, Johnson, Joyner, Lowther, Cully and Housely, spoke to rental property owners at the Clarion Hotel in March about the advantages of the new drug eviction law.|ret||ret||tab|

Benson said in the past, landlords have used the terms of the lease agreement to evict tenants involved in drug-related activities many times such tenants are also not paying rent on time.|ret||ret||tab|

But the new law provides relief to the landlord if they don't have any other remedy. There does not have to be an arrest or conviction, Benson said. |ret||ret||tab|

"The burden of proof for the landlord is pretty low," he said.|ret||ret||tab|

Debco Realty has found a way to use the law to an advantage without actually going through the process of court ordered eviction, according to Managing Broker Judi Samuel. |ret||ret||tab|

Samuel devised a letter to the tenant which states what the law allows the company to do and offers the lessee a chance to vacate the property without bringing the law to bear.|ret||ret||tab|

The remedy has worked well in the few cases in which she has had to use it. It has solved the problem in a short period of time to the advantage of the property owner and other nearby residents who might be adversely affected. |ret||ret||tab|

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