Missouri

Missouri Landlord Tenant Key Rules

Official Missouri Forms:

 

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	2x monthly rent Mo. Rev. Stat. § 535.300(1)
Security Deposit Interest:	Any interest earned is property of the landlord Mo. Rev. Stat. § 535.300(2)
Separate Security Deposit Bank Account:	No statute
Non-refundable fees:	No statute
Pet Deposits and Additional Fees:	No statute
Deadline for Returning Security Deposit:	30 days of termination of tenancy. Mo. Rev. Stat. § 535.300(3)
Permitted Uses of the Deposit:	Default rent, damages beyond regular wear and tear, damages sustianed as a result of tenant terminating early. Mo. Rev. Stat. § 535.300(4)
Security Deposit can be Withheld:	Yes Mo. Rev. Stat. § 535.300(3)(2)
Require Written Description/Itemized List of Damages and Charges:	Yes Mo. Rev. Stat. § 535.300(3)(2)
Receipt of Security Deposit:	No statute
Record Keeping of Deposit Withholdings:	No statute
Failure to Comply:	If landlord fails to comply then tenant may be eligible to recover damages twice the amount wrongfully withheld. Mo. Rev. Stat. § 535.300(6)

Lease, Rent & Fees

TOPIC	RULE
Rent is Due:	No statute. Usually it’s due at the beginning of the term i.e beginning of the week, or month.
Payment Methods:	No statute
Rent Increase Notice:	No statute. Usually it’s one full term before the next payment is due depending on the contract.
Late Fees:	No statute. Usually it needs to be stated in the lease.
Application Fees:	No statute
Prepaid Rent:	No statute
Returned Check Fees:	$25 for checks less than $100. $50 for checks between $100-249. 10% of face amount as a fee not to exceed $75. Mo. Rev. Stat. § 570.120(5)
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	No specific statute citing withholding rent. However, a tenant can file a petition with the gas or electric company to maintain service while the court solves the delinquent account. Mo. Rev. Stat. § 441.650
Tenant Allowed to Repair and Deduct Rent:	Yes. Tenant must have been residing for 6 months minimum, with rent payments up to date, and have given notice to landlord. Mo. Rev. Stat. § 441.234
Self-Help Evictions:	Not allowed. Mo. Rev. Stat. § 441.233
Landlord Allowed to Recover Court and Attorney’s Fees:	Yes Mo. Rev. Stat. § 514.060
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	Yes Mo. Rev. Stat. § 535.300(4)(3)

Notices and Entry

TOPIC	RULE
Notice to Terminate Tenancy:	No notice required in a fixed term agreement as the lease simply expires. If it is a yearly agreement, 60-day notice is required. Mo. Rev. Stat. § 441.050
Notice to Terminate a Periodic Lease – Week-to-week:	1-month notice Mo. Rev. Stat. § 441.060(1)
Notice to Terminate a Periodic Lease – Month-to-Month:	1-month notice Mo. Rev. Stat. § 441.060(1)
Notice to Terminate Lease due to Sale of Property:	No specific statute
Notice of date/time of Move-Out Inspection:	Landlord must give tenant date and time of move-out inspection in the event that there’s any deductions from the security deposit. Mo. Rev. Stat. § 535.300(5)
Notice of Termination for Nonpayment:	No specific statute for a notice. However, a landlord can file a statement with an affidavit into the court for further assistance in procuring possession of premises. Mo. Rev. Stat. § 535.020
Notice for Lease Violation:	No statute
Required Notice before Entry:	No statute. Generally 24-hour notice is recommended.
Entry Allowed with Notice for Maintenance and Repairs:	No statute. Generally 24-hour notice is recommended.
Emergency Entry Allowed without Notice:	No statute. Generally no notice is required in the event of an emergency.
Entry Allowed During Tenant’s Extended Absence:	Yes. Specific situations require this such as if rent has been unpaid for 30 days. Mo. Rev. Stat. § 441.065
Entry Allowed with Notice for Showing the Property:	No statute. Generally 24-hour notice is recommended.
Notice to Tenants for Pesticide Use:	No statute
Lockouts Allowed:	Not allowed Mo. Rev. Stat. § 441.233
Utility Shut-offs Allowed:	Not allowed Mo. Rev. Stat. § 441.233
Electronic Notices Allowed:	No statute. Could be possible if previously stated in the lease.

Disclosures

• Name and Addresses: Landlord must disclose the name and address of the property owner and any authorized management agents. (Mo. Rev. Stat. § 535.185)
• Copy of the Lease: Tenants are entitled to a written copy of the lease upon request. (Customary)
• Domestic Violence Situations: Tenants who are victims may terminate the lease early with appropriate documentation. (Mo. Rev. Stat. § 441.920)

Duties

Landlord’s Duties

• Compliance: Must comply with applicable building and housing codes that materially affect health and safety. (Mo. Rev. Stat. § 441.234)
• Repairs: Maintain premises in a habitable condition. (Mo. Rev. Stat. § 441.234)
• Common Areas: Keep common areas clean and safe. (Common law expectation)
• Maintenance: Ensure essential services such as plumbing and heating are in working order. (Mo. Rev. Stat. § 441.234)
• Garbage: Provide and maintain garbage receptacles if required. (Standard practice)

Tenant’s Duties

• Cleanliness: Maintain a clean and safe dwelling unit. (Mo. Rev. Stat. § 441.630)
• Trash: Dispose of waste in a clean and safe manner. (Mo. Rev. Stat. § 441.630)
• Plumbing: Use plumbing fixtures properly and keep them clean. (Mo. Rev. Stat. § 441.630)
• Appliances: Use all appliances and facilities reasonably. (Mo. Rev. Stat. § 441.630)
• Damage: Avoid intentional or negligent damage. (Mo. Rev. Stat. § 441.630)
• Quiet Enjoyment: Must not disturb neighbors or other tenants. (Common law)
• Subleasing: Only allowed if the lease permits it. (Lease-specific)
• Retaliation: Landlords may not retaliate against tenants for exercising legal rights. (Mo. Rev. Stat. § 441.233)
• Lead Disclosure: Federal requirement for housing built before 1978.