Cal. Civ. Code § 534.290
New tenant may maintain action, when
Operative Text
Where the action of unlawful detainer is brought by a landlord against his tenant holding over after the termination of the tenancy, it shall be no defense to show that the plaintiff, before such termination, has let the premises to another person; and in case of such new letting, the new tenant after demand made in writing requiring the delivery of possession of such premises and setting forth his title, if the possession be refused, may maintain an action of unlawful detainer against the tenant holding over, if there be no such action by the landlord pending.
Missouri Revised Statutes § 534.290 addresses situations where a landlord has already rented a property to a new tenant before the original tenant's lease has ended. Under this provision, the fact that the landlord re-let the premises before the tenancy terminated is not a valid defense for a holdover tenant in an unlawful detainer action. Additionally, the incoming new tenant—after making a written demand for possession that states their legal title—gains the independent right to bring an unlawful detainer action against the holdover tenant, provided the landlord has not already filed such an action.
Plain English — not legal advice.
Under Mo. Rev. Stat. § 534.290, landlords who re-let a property before the existing tenancy ends should be aware that the holdover tenant cannot use that re-letting as a shield against an unlawful detainer action. Compliant operators typically document the termination date of the existing tenancy clearly and communicate with both the outgoing and incoming tenants about possession timelines. Landlords also generally coordinate with the new tenant regarding their right to independently pursue an unlawful detainer action if the landlord has not already initiated one.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you are a holdover tenant in Missouri, Mo. Rev. Stat. § 534.290 makes clear that the landlord's act of re-renting the property before your tenancy ended does not provide a defense against an unlawful detainer action brought by either the landlord or the new incoming tenant. A new tenant who has made a proper written demand for possession may independently bring an unlawful detainer action against you if no landlord action is already pending. Tenants facing such circumstances may wish to review their lease terms, consult a tenant-rights organization, or seek legal counsel to understand the options available under this provision.
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.
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