Cal. Civ. Code § 441.850
Certain parties entitled to attorney's fees in certain eviction proceedings, when
Operative Text
An interested party or prosecuting attorney that prevails in an action brought pursuant to sections 441.710 to 441.880 shall be entitled to recover from the landlord the reasonable costs of prosecuting the suit, including but not limited to reasonable attorney's fees, if the landlord failed to take reasonable corrective action within thirty days after having received a written request to do so by the prevailing plaintiff.
Missouri Revised Statutes § 441.850 establishes a fee-shifting rule in certain eviction-related proceedings: when a prevailing party—such as an interested party or prosecuting attorney—wins an action brought under sections 441.710 to 441.880, they may recover reasonable litigation costs, including attorney's fees, directly from the landlord. This recovery is available specifically when the landlord received a written request for corrective action but failed to take reasonable steps to address the problem within thirty days. The provision is designed to create a financial incentive for landlords to respond promptly to written complaints before litigation becomes necessary.
Plain English — not legal advice.
Under Mo. Rev. Stat. § 441.850, landlords who receive a written request for corrective action related to matters covered by sections 441.710 to 441.880 face potential exposure to the opposing party's attorney's fees and litigation costs if they do not take reasonable corrective steps within thirty days. Operators who document their responses to written complaints and act promptly to address identified issues generally reduce the risk of this fee-shifting outcome. Maintaining clear records of written communications and any remedial actions taken is a common practice among compliant property managers operating under this statute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mo. Rev. Stat. § 441.850 provides that a prevailing plaintiff in an action under sections 441.710 to 441.880 may be entitled to recover reasonable attorney's fees and court costs from the landlord, provided the landlord was given a written request for corrective action and failed to act within thirty days. This means that sending a written request before initiating legal action is an important procedural step that can affect whether fee recovery is available later. Tenants or other interested parties who believe a landlord has failed to respond to a written complaint may wish to consult a tenant-rights organization or legal aid office to understand what options exist under this provision.
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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