Cal. Civ. Code § 441.770
Court-ordered eviction, when — court-ordered removal of third party from leased premises, when — expedited eviction order — stay of execution of eviction order, when
Operative Text
1. If the grounds for an eviction have been established pursuant to subsection 1 of section 441.740, the court shall order that the tenant be evicted from the leased property. Following the order, the tenant shall have twenty-four hours to vacate the premises and the landlord shall subsequently have a right to reenter and take possession of the premises. 2. If the grounds for a removal have been established pursuant to subsection 2 of section 441.740, the court shall order that those persons found to be engaging in the criminal activity described therein be immediately removed and barred from the leased property, but the court shall not order the tenancy be terminated. 3. The court may order the expedited execution of an eviction or removal order by requiring the order's enforcement by the appropriate agency within a specified number of days after final judgment. 4. The court may stay execution of an eviction or removal order for a reasonable length of time if the moving party establishes by clear and convincing evidence that immediate removal or eviction would pose a serious danger to the party and that this danger outweighs the safety, health and well-being of the surrounding community and of the plaintiff.
Under Mo. Rev. Stat. § 441.770, once a court finds that grounds for eviction have been established, it must order the tenant to leave, giving the tenant twenty-four hours to vacate before the landlord may retake possession. If the court instead finds that specific individuals—rather than the tenant—are engaging in criminal activity on the premises, it can order those persons removed and barred without terminating the tenancy itself. Courts also have discretion to speed up enforcement of these orders, or conversely to pause execution if a party demonstrates by clear and convincing evidence that immediate removal would create a serious danger that outweighs community safety concerns.
Plain English — not legal advice.
Under Mo. Rev. Stat. § 441.770, once a court issues an eviction order, compliant operators generally wait for the twenty-four-hour vacate period to expire before reentering and retaking possession of the property. Where the court orders removal of a third party rather than termination of the tenancy, operators recognize that the tenant's lease remains in effect and act accordingly. Operators familiar with this provision also understand that courts can expedite enforcement through a specified agency or, in limited circumstances, stay an order when a party meets the clear-and-convincing-evidence standard for serious danger.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mo. Rev. Stat. § 441.770 provides tenants with a twenty-four-hour window to vacate after a court-ordered eviction, and it distinguishes between a full eviction and a targeted removal of a third party engaged in criminal activity—the latter does not end the tenancy. Tenants who believe that immediate eviction would place them in serious danger may be able to ask the court for a stay of execution, provided they can meet the clear-and-convincing-evidence standard that the danger outweighs community safety. Tenants facing proceedings under this provision may benefit from consulting a tenant-rights organization or legal aid office to understand which type of order applies to their situation and what procedural options may be available.
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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