Cal. Civ. Code § 535.040

Upon return of summons, cause to be heard — landlord not liable, when — landlord notification of property left by tenant

In Force
Verified 10/14/2026 · Next check 10/21/2026
effective 10/14/2026MissouriSummary Process

Operative Text

Cal. Civ. Code § 535.040
1. Upon the return of the summons executed, the judge shall set the case on the first available court date and shall proceed to hear the cause, and if it shall appear that the rent which is due has been demanded of the tenant, lessee or persons occupying the property, and that payment has not been made, and if the payment of such rent, with all costs, shall not be tendered before the judge, on the hearing of the cause, the judge shall render judgment that the landlord recover the possession of the premises so rented or leased, and also the debt for the amount of the rent then due, with all court costs and shall issue an execution upon such judgment, commanding the officer to put the landlord into immediate possession of the property leased or rented, and to make the debt and costs of the goods and chattels of the defendant. No money judgment shall be granted to the plaintiff if the defendant is in default and service was by the posting procedure provided in section 535.030 unless the defendant otherwise enters an appearance. The officer shall deliver possession of the property to the landlord within five days from the time of receiving the execution, and the officer shall proceed upon the execution to collect the debt and costs, and return the writ, as in the case of other executions. If the plaintiff so elects, the plaintiff may sue for possession alone, without asking for recovery of the rent due.

2. Except for willful, wanton, or malicious acts or omissions, neither the landlord nor his or her successors, assigns, agents, nor representatives shall be liable to any tenant or subtenant for loss or damage to any household goods, furnishings, fixtures, or any other personal property left in or at the dwelling by the tenant or subtenant of such dwelling, by the reason of the landlord's removal or disposal of the property under a court-ordered execution for possession of the premises.

3. Notwithstanding the provisions of subsection 2 of this section, if, after the sheriff has completed the court-ordered execution, property is left by the tenant in or at the dwelling bearing a conspicuous permanent label or marking identifying it as the property of a third party, the landlord shall notify the third party by certified mail with a return receipt requested. The third party shall be given an opportunity to recover such property within five business days of the date such notice is received. If the landlord is unable to notify the third party, the landlord may remove or dispose of such property and shall incur no liability for any loss or damage thereto.
Source: Legislative text reproduced verbatim
Plain English

Missouri Revised Statutes § 535.040 establishes the court process that follows an eviction summons. Once the summons is returned, a judge schedules a hearing, and if unpaid rent has been properly demanded and remains unpaid at the hearing, the judge may award the landlord both possession of the property and a money judgment for the rent owed, plus court costs. The statute also limits landlord liability for personal property left behind after a court-ordered execution, while requiring special notice procedures when third-party-owned property is identified on the premises.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Under Mo. Rev. Stat. § 535.040, compliant landlords ensure that rent demands are properly documented before the hearing, since the court's authority to award possession and a money judgment depends on proof that demand was made and payment was not tendered. After a court-ordered execution, landlords are generally shielded from liability for a tenant's abandoned personal property, except in cases of willful, wanton, or malicious conduct. When property bearing a conspicuous label identifying a third-party owner remains after the sheriff completes execution, operators send certified mail notice and allow five business days for retrieval before removing or disposing of it.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Mo. Rev. Stat. § 535.040 gives tenants the opportunity to tender all rent owed plus costs before or at the hearing to potentially avoid a judgment for possession. Tenants should be aware that a money judgment generally cannot be entered against a defaulting tenant who was served only by posting, unless the tenant appears in court. Tenants whose personal property or a third party's labeled belongings are left after an execution may have rights under this provision, and consulting a tenant-rights organization can help clarify available options.

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

Current
Oct 14, 2026
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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

Mo. Rev. Stat. § 535.070
Mo. Rev. Stat. § 535.030
Mo. Rev. Stat. § 535.110
Mo. Rev. Stat. § 535.030
Mo. Rev. Stat. § 535.070
Mo. Rev. Stat. § 535.070
Mo. Rev. Stat. § 535.110
Mo. Rev. Stat. § 535.110
Mo. Rev. Stat. § 535.110
Mo. Rev. Stat. § 535.300

Related Rules

§ 1
Persons entitled to summary process
§ 3
Judgment and execution; costs; appeal
§ 5
Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision

Source Information

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