Cal. Civ. Code § 534.050
Demand for possession, how made and proved
Operative Text
The demand required by section 534.030 shall be made either by delivering a copy of such demand to the person in possession, or by leaving such copy with some person above the age of fifteen years, residing on or being in charge of the premises; or, if no such person be in the actual occupancy thereof, then by posting such copy on the premises. When the demand shall be made by an officer authorized to serve judicial process, his return shall be prima facie evidence of the facts therein stated; and if such demand be made by any other person, the return shall be sworn to by such person, and shall then be prima facie evidence of the facts therein stated.
Missouri Revised Statutes § 534.050 establishes the methods by which a landlord's demand for possession—required before pursuing an unlawful detainer action under § 534.030—can be legally delivered and later proven in court. The demand may be handed directly to the occupant, left with a resident or person in charge who is over fifteen years old, or posted on the property if no such person is present. When the demand is served by an authorized process server, their return is treated as prima facie evidence of proper service; when served by any other person, that person must swear to the return under oath for it to carry the same evidentiary weight.
Plain English — not legal advice.
Under Mo. Rev. Stat. § 534.050, compliant operators generally ensure that a demand for possession is delivered through one of the three recognized methods—personal delivery, leaving a copy with a qualifying resident or person in charge, or posting on the premises when no one is present. Operators who use a private individual rather than an authorized process server to make the demand typically have that person execute a sworn statement attesting to the facts of service, since an unsworn return would not carry prima facie evidentiary weight. Maintaining clear documentation of how and when the demand was made is a standard practice for operators seeking to proceed with an unlawful detainer action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mo. Rev. Stat. § 534.050 governs how a landlord must deliver and prove a demand for possession, and tenants may have grounds to challenge an eviction proceeding if the demand was not made in one of the methods the statute recognizes. If the person who served the demand was not an authorized process server and did not swear to the return under oath, that procedural deficiency could be raised as part of a defense in court. Tenants who have questions about whether a demand was properly served may benefit from consulting a tenant-rights organization or reviewing resources available through Missouri's legal aid programs.
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 In
Rules and statutes that cite this regulation