Cal. Civ. Code § 535.050
Process shall not issue until expiration of lease, when
Operative Text
When the property is held by a written lease containing a clause declaring the lease forfeited for the nonpayment of rent for a specified time, no process shall issue against the lessee or other person occupying the premises, until the expiration of said specified time.
Missouri law under Mo. Rev. Stat. § 535.050 addresses the timing of eviction proceedings when a written lease includes a forfeiture clause tied to nonpayment of rent. Specifically, if the lease states that it becomes forfeited only after rent has gone unpaid for a defined period, a landlord cannot initiate legal eviction process until that specified waiting period has actually elapsed. The rule functions as a built-in delay on court action, honoring the timeline the parties themselves wrote into the lease.
Plain English — not legal advice.
Under Mo. Rev. Stat. § 535.050, operators who use written leases with forfeiture clauses specifying a grace or cure period for nonpayment of rent are bound by the timeline stated in that clause before pursuing eviction. A compliant landlord waits until the contractually specified period has fully expired before filing for process against a tenant or occupant. Reviewing lease language carefully before initiating any court action helps ensure that the timing requirements embedded in the lease align with this statutory rule.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mo. Rev. Stat. § 535.050 provides tenants with a procedural protection when their written lease contains a forfeiture clause that sets a specific nonpayment period before the lease is declared forfeited. If a landlord attempts to initiate eviction proceedings before that contractually specified time has run out, the tenant may have grounds to raise the premature filing as a defense in court. Tenants who believe this timing rule has not been followed may wish to review their lease terms, consult a tenant-rights organization, or seek legal guidance about 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
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