Missouri

Rental Lease Laws Overview

Missouri does not have rent control laws, and there are no limits on late fees that landlords can impose. While landlords may include late fees in the rental agreement, there is no mandated grace period. Additionally, landlords in Missouri are not required to hold a license.

Landlords typically use rental applications to assess the suitability of prospective tenants prior to finalizing lease agreements.

Required Lease Disclosures

Missouri law mandates that landlords include specific disclosures in rental agreements:

• Lead Paint: Landlords must inform tenants if the property was built before 1978 and may contain lead-based paint.
• Notice of Illegal Substance Contamination: Landlords are required to disclose if the property was previously used to produce methamphetamine.
• Identification: Landlords must provide the names and addresses of the owner and property manager before the tenancy begins.

Security Deposit

Landlords in Missouri may not request more than two months’ rent as a security deposit. The security deposit must be returned within thirty days after the lease ends. If a landlord withholds any amount from the deposit, they must provide an itemized list of damages and costs within the same thirty-day period. If a tenant does not receive their security deposit back, they may take legal action in small claims court for amounts up to $5,000, or file a civil case for larger amounts. Landlords can withhold security deposits for unpaid rent and damages beyond ordinary wear and tear.

Rent Payments

Rent is typically due at the dwelling unit at the beginning of each month unless otherwise specified in the lease. Missouri law does not place restrictions on the amount landlords can charge for late fees, and a notice is required for tenants to vacate due to non-payment of rent. Tenants who have lived in a rental property for six consecutive months and have paid all rent may deduct repair costs from their rent for habitability issues, provided the costs are less than $300 or half of the rent, whichever is greater, and do not exceed one month’s rent. Tenants must notify the landlord and allow 14 days for repairs, and if the landlord disputes the repair, tenants must obtain certification from local authorities before proceeding.

Landlord Right of Entry

Missouri does not have specific statutes regarding a landlord’s right of entry, meaning landlords are not legally required to provide notice before entering a tenant’s premises. However, many landlords will offer a courtesy notice of at least 24 hours and may enter in emergencies, such as significant water leaks.

Property Repairs

Landlords are responsible for maintaining rental properties in a safe and habitable condition, adhering to local building and housing codes. Tenants are required to keep plumbing fixtures clean, use systems and appliances responsibly, and avoid causing damage. There is no specific statute requiring tenants to notify landlords of absences beyond a certain period, although lease agreements may include such provisions. If a tenant fails to maintain utilities, leading to a lease violation, the landlord can issue a 10-day notice to vacate for non-compliance.

Terminating a Lease

For month-to-month tenancies, landlords can terminate the lease by providing a 30-day written notice, which must be given at least 30 days before the end of the rental period. If a tenant has not paid rent for thirty days and the landlord believes the property has been abandoned, they may remove the tenant’s belongings. To prevent this, the tenant must notify the landlord within ten days of receiving the notice, using both regular and optionally certified mail.

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