Missouri Roommate Agreement

Quick Guide To Writing a Missouri Room Rental Agreement

1. Parties Involved: Specify who is making the agreement, the property location, and the landlord’s identity. Include current contact information for all signatories.
2. Lease Term: Note the duration of the existing lease and how long the roommate agreement will remain in effect.
3. Security Deposit: Discuss how the security deposit will be divided among roommates and outline rules for its return or any deductions.
4. Rent Payment: State the total rent amount and how it will be divided among roommates.
5. Utilities: Determine how utility payments will be split and designate who is responsible for making payments to utility companies.
6. Lease Violations: Establish rules for handling violations of the lease or roommate agreement, including procedures for early move-outs.
7. House Rules: List any house rules regarding food, cleaning, guests, etc.
8. Room Assignments: Specify bedroom assignments and clarify which areas will be shared or private.
9. Signatures: Ensure all parties sign and date the agreement, and attach the completed landlord consent form.

Types of Roommate Arrangements in Missouri

1. Co-Tenancy: In a co-tenancy arrangement, all roommates are on the same lease and share equal responsibilities to the landlord. If one co-tenant fails to adhere to the lease rules, all co-tenants are liable for the violation. This means that any legal or financial repercussions from lease violations can affect all roommates equally.

2. Subtenancy: In this arrangement, the original tenant acts as the landlord to the subtenant, receiving rent and being responsible for resolving the subtenant’s rental issues. Subleasing generally requires the landlord’s permission and can lead to eviction if done without consent.

3. At-Will Tenancy / Guest Tenancy: This informal arrangement may exist with or without the landlord’s consent. The original tenant or landlord can demand the roommate leave at any time unless the roommate has resided at the property for more than 14 days in a year, which would then classify them as a subtenant.

Lease Violations in Roommate Situations

Roommates, as co-tenants, are “jointly and severally liable” for the lease terms. This means that any co-tenant can be held fully responsible for lease violations. For instance, if one roommate fails to pay their share of the rent, the landlord can seek the full amount from any of the co-tenants. If a roommate has not signed the original lease and the landlord has not consented to the roommate agreement, the original tenant is liable for any violations committed by the roommate.

Resolving Roommate Disputes in Missouri

In the event of a dispute, the original lease takes precedence over the roommate agreement. House rules regarding shared responsibilities, such as chores and quiet hours, may not be enforceable in court. Roommates with disagreements unrelated to the lease may consider using a mediator or arbitrator for resolution.

Statutes

• Mo. Rev. Stat. § 570.120(6)(2) – Returned Check Fees
• Mo. Rev. Stat. § 441.650 – Master-metered multitenant dwelling, defined – heat-related utility service, delinquency, maintenance of service, how – receivership, when, procedure
• Mo. Rev. Stat. § 441.234 – Tenant may deduct cost of repair of rental premises from rent, when – limitations
• Mo. Rev. Stat. § 441.065 – Abandonment of rental premises, when, procedure
• Mo. Rev. Stat. § 441.070 – No notice necessary, when
• Mo. Rev. Stat. § 441.050 – Tenancy from year to year, how terminated
• Mo. Rev. Stat. § 441.060(4) – Tenancy at will, sufferance, month to month, how terminated – judgment of eviction, how effectuated, landlord’s liability
• Mo. Rev. Stat. § 441.740 – Immediate eviction ordered, when – immediate removal ordered, when
• Mo. Rev. Stat. § 535.300(1) – Security deposits, limitation – holding of security deposits, requirements – return of deposit or notice of damages, when – withholding deposit, when – tenant’s right to damages – security deposit defined
• Mo. Rev. Stat. § 535.300(2) – Security deposits, limitation – holding of security deposits, requirements – return of deposit or notice of damages, when – withholding deposit, when – tenant’s right to damages – security deposit defined
• Mo. Rev. Stat. § 535.300(3) – Security deposits, limitation – holding of security deposits, requirements – return of deposit or notice of damages, when – withholding deposit, when – tenant’s right to damages – security deposit defined
• Mo. Rev. Stat. § 535.300(4) – Security deposits, limitation – holding of security deposits, requirements – return of deposit or notice of damages, when – withholding deposit, when – tenant’s right to damages – security deposit defined
• Mo. Rev. Stat. § 535.300(5) – Security deposits, limitation – holding of security deposits, requirements – return of deposit or notice of damages, when – withholding deposit, when – tenant’s right to damages – security deposit defined
• Mo. Rev. Stat. § 535.010 – If rent be not paid as agreed, landlord may recover possession, how
• Mo. Rev. Stat. § 441.020 – Illegal use of premises renders lease void
• Mo. Rev. Stat. § 441.030 – Tenant not to assign without consent – nor violate conditions – nor commit waste
• Mo. Rev. Stat. § 441.040 – Landlord may take possession, when – landlord liable, when, burden of proof
• Mo. Rev. Stat. § 441.233(1) – Landlord’s unlawful removal or exclusion of tenant, liability – interruption of services, landlord’s liability
• Mo. Rev. Stat. § 441.233(2) – Landlord’s unlawful removal or exclusion of tenant, liability – interruption of services, landlord’s liability
• Mo. Rev. Stat. § 535.185 – Tenant to be furnished address of person managing property and address to receive notices and service of process – post office box address, procedure – violation, effect
• Mo. Rev. Stat. § 441.236 – Disclosures required for transfer of property where methamphetamine production occurred
• Mo. Rev. Stat. § 482.305 – Jurisdiction of small claims court
• Mo. Rev. Stat. § 535.020 – Procedure to recover possession – filing of statement – issuance of summons – procedure
• Mo. Rev. Stat. § 535.060 – Demand of rent good, when
• Mo. Rev. Stat. § 516.110 – What action shall be commenced within ten years
• Mo. Rev. Stat. § 516.120 – What actions within five years