Cal. Civ. Code § 535.020
Procedure to recover possession — filing of statement — issuance of summons — procedure
Operative Text
Whenever any rent has become due and payable, and payment has been demanded by the landlord or the landlord's agent from the lessee or person occupying the premises, and payment thereof has not been made, the landlord or agent may file a statement, verified by affidavit, with any associate circuit judge in the county in which the property is situated, setting forth the terms on which such property was rented, and the amount of rent actually due to such landlord; that the rent has been demanded from the tenant, lessee or person occupying the premises, and that payment has not been made, and substantially describing the property rented or leased. Giving the notice provided in section 441.060 is not required prior to filing a statement or obtaining the relief provided in this chapter. In such case, the clerk of the court shall immediately issue a summons directed to such tenant or lessee and to all persons occupying the premises, by name, requiring them to appear before the judge upon a day to be therein named, and show cause why possession of the property should not be restored to the plaintiff. The landlord or agent may, in such an action for unpaid rent, join a claim for any other unpaid sums, other than property damages, regardless of how denominated or defined in the lease, to be paid by or on behalf of a tenant to a landlord for any purpose set forth in the lease; provided that such other sums shall not be considered rent for purposes of this chapter, and judgment for the landlord for recovery of such other sums shall not by itself entitle the landlord to an order for recovery of possession of the premises. The provisions of this section providing for the filing of a statement before an associate circuit judge shall not preclude adoption of a local circuit court rule providing for the centralized filing of such cases, nor the assignment of such cases to particular circuit or associate circuit judges pursuant to local circuit court rule or action by the presiding judge of the circuit. The case shall be heard and determined under the practice and procedure provided in the Missouri rules of civil procedure, except where otherwise provided by this chapter.
Missouri Revised Statutes § 535.020 establishes the process a landlord must follow to seek court-ordered recovery of a rental property when rent goes unpaid. After rent becomes due and a demand for payment has been made without result, the landlord may file a sworn statement with an associate circuit judge in the county where the property is located, describing the rental terms, the amount owed, and the demand that went unanswered. A court summons is then issued requiring the tenant and any other occupants to appear and explain why possession should not be returned to the landlord. The statute also allows the landlord to include claims for other non-damage lease charges in the same action, though those additional claims alone cannot result in an eviction order.
Plain English — not legal advice.
Under § 535.020, a compliant landlord or agent generally ensures that a demand for payment has been made before filing a verified statement with the associate circuit judge in the county where the property sits. The sworn filing describes the rental terms, the specific amount of rent due, and confirms that demand was made and payment was not received, along with a description of the property. Operators should be aware that § 535.020 permits other unpaid lease charges—beyond property damages—to be joined in the same action, but a judgment on those additional sums alone does not entitle the landlord to a possession order.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 535.020 gives tenants and all named occupants the right to appear before the court on the date specified in the summons and present reasons why possession should not be returned to the landlord. Tenants should be aware that the statute allows landlords to include claims for non-damage lease fees alongside the rent claim, but a judgment on those additional charges by itself cannot result in a loss of possession under this provision. Tenants facing a summons issued under § 535.020 may wish to consult a tenant-rights organization or legal aid office to understand available defenses and options before the scheduled court date.
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 In
Rules and statutes that cite this regulation