Cal. Civ. Code § 441.750
Immediate eviction, not granted when — tenant's burden of proof
Operative Text
1. The court shall not order the eviction of a tenant under section 441.740 if the tenant establishes that he or she in no way furthered, promoted, aided or assisted in activity described in section 441.740, and that the tenant did not know or have reason to know that such activity was occurring on or within the property, or the tenant was unable to take action to prevent the activity because of verbal or physical coercion by the person conducting the activity. 2. Actions filed pursuant to sections 441.710 to 441.880 against a tenant, where the criminal activity described in section 441.740 is alleged to have been conducted by a person other than a tenant, may be filed following at least five days' written notice to the tenant specifying the provisions of this section and the conduct alleged in the petition, provided the tenant then fails to take at least one of the following measures against the person alleged to be conducting such activity and delivers written proof of same to the plaintiff: (1) The tenant seeks a protective order, restraining order, order to vacate the premises, or other similar relief which would apply to such activity; or (2) The tenant reports the activity to a law enforcement agency or the county or prosecuting attorney in an effort to initiate a criminal action against the person conducting the activity.
Missouri Revised Statutes § 441.750 establishes a defense against expedited eviction for tenants who can show they had no involvement in, knowledge of, or reasonable basis to suspect the criminal activity cited under § 441.740, or that they were prevented from acting due to coercion. When the alleged criminal activity was carried out by someone other than the tenant, the landlord must give at least five days' written notice before filing an eviction action, specifying the conduct at issue. During that notice period, the tenant has the opportunity to avoid eviction by taking at least one documented step — such as seeking a protective order or reporting the activity to law enforcement — and providing written proof of that action to the landlord.
Plain English — not legal advice.
Under § 441.750, property owners and managers pursuing eviction based on criminal activity by a non-tenant occupant or guest must first serve the tenant with at least five days' written notice that clearly identifies the alleged conduct and references the relevant statutory provisions. Compliant operators document this notice carefully and retain proof of delivery. If the tenant responds within the notice period with written proof of a qualifying action — such as a police report or a filed protective order — operators generally review that documentation before proceeding, since a court may deny the eviction if the tenant has met the statutory threshold.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 441.750 provides tenants with a meaningful defense in eviction proceedings brought under § 441.740: a court cannot order eviction if the tenant demonstrates no involvement in or knowledge of the alleged criminal activity, or that coercion prevented them from acting. When the activity was allegedly committed by someone other than the tenant, the landlord is required to give at least five days' written notice before filing, giving the tenant a window to respond by seeking a protective order, reporting the activity to law enforcement, or taking similar documented action. Tenants who receive such a notice may wish to consult a tenant-rights organization or legal aid provider to understand how § 441.750's defenses and response options apply to their circumstances.
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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