Cal. Civ. Code § 441.060
Tenancy at will, sufferance, month to month, how terminated — judgment of eviction, how effectuated, landlord's liability
Operative Text
1. A tenancy at will or by sufferance, or for less than one year, may be terminated by the person entitled to the possession by giving one month's notice, in writing, to the person in possession, requiring the person in possession to vacate the premises. 2. An occupancy limitation of two persons per bedroom residing in a dwelling unit shall be presumed reasonable for this state. The two-person limitation shall not apply to a child or children born to the tenants during the course of the lease. 3. Except as otherwise provided by law, all contracts or agreements for the leasing, renting or occupation of stores, shops, houses, tenements or other buildings in cities, towns or villages, and of stores, shops, houses, tenements or other buildings except when such leasing, renting or occupation is as tenant of real estate used or rented for agricultural purposes, other than garden purposes, not made in writing, signed by the parties thereto, or their agents, shall be held and taken to be tenancies from month to month, and all such tenancies may be terminated by either party thereto, or the party's agent, giving to the other party, or the party's agent, one month's notice, in writing, of the party's intention to terminate such tenancy. 4. (1) Except as provided in subdivision (2), the landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other party stating that the tenancy shall terminate upon a periodic rent-paying date not less than one month after the receipt of the notice. (2) When a person occupies and has an ownership interest in a mobile home and is leasing the land or the lot upon which the mobile home is located, a tenancy for less than one year may be terminated by the landlord by giving written notice to the tenant that the tenancy shall terminate not sooner than sixty days from the date the rent payment next becomes due, notwithstanding any written lease provision regarding earlier lease termination to the contrary. 5. If after the rendition of a judgment and a request for an execution on any judgment rendered in an action pursuant to chapter 524, chapter 534, chapter 535, or this chapter and there is no stay of execution, the service officer fails to deliver possession of the premises to the landlord within seven days of the delivery of the writ to such officer, the landlord may, within sixty days of the date of the judgment, in the presence of a municipal or county law enforcement officer of the jurisdiction in which the premises are located, without breach of the peace, break and remove locks, enter and take possession of the premises and remove any household goods, furnishings, fixtures or any other personal property left in or at the premises, provided the law enforcement officer is first presented a true copy of the judgment and order of execution, and the law enforcement officer acknowledges in writing such presentation, and such acknowledgment is filed in court by the plaintiff within five days following taking possession of the premises. 6. Except for negligent, willful or wanton acts or omissions of the landlord, or failure to both timely obtain and file the law enforcement officer acknowledgment described in the preceding subsection, the landlord shall have no liability for loss or damage to any household goods, furnishings, fixtures or any other personal property left in or at the dwelling unit, by reason of the landlord's removal of the property in accordance with the provisions of this section.
Missouri Revised Statutes § 441.060 establishes the rules for ending several types of tenancies in Missouri. A tenancy at will, by sufferance, or for less than one year generally requires one month's written notice to terminate, while oral leases for commercial or residential spaces in cities and towns are treated as month-to-month arrangements terminable by either party with one month's written notice. Mobile home lot tenants receive additional protection, requiring at least sixty days' written notice before a landlord can end the tenancy. The statute also sets out a process by which a landlord, after obtaining a court judgment and following specific procedural steps including the presence of a law enforcement officer, may retake possession of a property, with limited liability for personal property removed during that process.
Plain English — not legal advice.
Under Mo. Rev. Stat. § 441.060, property owners and managers who wish to end a month-to-month or short-term tenancy are generally expected to provide at least one month's written notice timed to a rent-paying date. Operators of mobile home lots must provide a minimum of sixty days' written notice before terminating a tenancy, regardless of what a written lease may say about earlier termination. When a court judgment has been obtained and a writ of execution has not been acted upon within seven days, § 441.060 outlines a specific procedure—including the presence of a local law enforcement officer and timely court filing of a written acknowledgment—that landlords must follow precisely to limit their exposure to liability for removed personal property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mo. Rev. Stat. § 441.060 provides tenants with baseline notice protections: a landlord generally must give at least one month's written notice before terminating a month-to-month or short-term tenancy, and mobile home lot tenants are entitled to at least sixty days' notice. If a landlord attempts to retake possession without following the procedural requirements set out in § 441.060—such as obtaining a proper court judgment, having a law enforcement officer present, and filing the required acknowledgment—tenants may have grounds to raise those procedural failures in a legal proceeding. Tenants who believe their notice rights or property rights have been violated under this section may consider contacting a local tenant-rights organization or consulting with a legal aid provider to understand 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
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