Cal. Civ. Code § 441.240
Attachment for rent
Operative Text
1. Any person who shall be liable to pay rent, whether the same be due or not, or whether the same be payable in money or other thing, if the rent be due within one year thereafter, shall be liable to attachment for such rent, in the following instances: (1) When he intends to remove his property from the leased or rented premises; (2) When he is removing his property from the leased or rented premises; (3) When he has, within thirty days, removed his property from the leased or rented premises; (4) When he shall in any manner dispose of the crop, or any part thereof, grown on the leased or rented premises, so as to endanger, hinder or delay the collection of the rent; (5) When he shall attempt to dispose of the crop, or any part thereof, grown on the leased or rented premises, so as to endanger, hinder or delay the collection of the rent; (6) When the rent is due and unpaid, after demand thereof. Provided, if such tenant be absent from such leased premises, demand may be made of the person occupying the same. 2. The person to whom the rent is owing, or his agent, may, before an associate circuit judge or the clerk of a court of record having jurisdiction of actions by attachment in ordinary cases, of the county in which the premises lie, make an affidavit of one or more of the foregoing grounds of attachment, and that he believes unless an attachment issue plaintiff will lose his rent; and upon the filing of such affidavit, together with a statement of plaintiff's cause of action, such officer shall issue an attachment for the rent against the personal property, including the crops grown on the leased premises, but no such attachment shall issue until the plaintiff has given bond, executed by himself or by some responsible person for him, as principal, in double the amount sued for, with good security, to the defendant to indemnify him if it appear that the attachment has been wrongfully obtained; provided, if any person shall buy any crop grown on demised premises upon which any rent is unpaid, and such purchaser has knowledge of the fact that such crop was grown on demised premises, he shall be liable in an action for the value thereof, to any party entitled thereto, or may be subject to garnishment at law in any suit against the tenant for the recovery of the rent.
Missouri Revised Statutes § 441.240 establishes a legal remedy called 'attachment for rent,' which allows a landlord to seek a court-ordered hold on a tenant's personal property—including crops grown on the leased premises—under specific circumstances. These circumstances include situations where the tenant is moving, has recently moved, or has disposed of crops in a way that threatens the landlord's ability to collect rent, as well as when rent is due and unpaid after a demand has been made. To pursue this remedy, the party owed rent must file an affidavit with a judge or court clerk and post a bond equal to double the amount claimed, which protects the tenant if the attachment is later found to have been wrongfully obtained. Additionally, anyone who knowingly purchases crops grown on leased premises where rent remains unpaid may themselves be held liable for the value of those crops.
Plain English — not legal advice.
Under Mo. Rev. Stat. § 441.240, property owners and managers have a legal mechanism to protect their ability to collect rent when a tenant is removing property, has recently vacated, or has disposed of crops in a way that jeopardizes rent collection. A compliant operator pursuing this remedy typically files a sworn affidavit with the appropriate associate circuit judge or court clerk in the county where the property is located, clearly stating the applicable grounds for attachment. Operators also generally prepare and file a bond in double the amount of the rent claimed, along with a statement of the cause of action, before any attachment is issued. Consulting with a licensed Missouri attorney familiar with landlord-tenant law is a common step before initiating this process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mo. Rev. Stat. § 441.240 provides tenants with important protections within the attachment process, most notably the requirement that the landlord post a bond equal to double the amount claimed before any attachment can be issued against the tenant's property. If an attachment is found to have been wrongfully obtained, this bond is intended to indemnify the tenant for resulting harm. Tenants who believe an attachment has been improperly sought under this provision may have grounds to challenge it in the court where the action is pending, and tenant-rights organizations in Missouri can help explain what options are generally available in such situations.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation
Related Rules
Source Information
Use this in your app
Access this data programmatically via our API