Missouri Sublease Agreement

Permission to Sublet

In Missouri, a tenant must obtain explicit written permission from their landlord before subletting a rental property. If a tenant sublets without this permission, the landlord has the right to double the tenant’s rent. Additionally, the landlord retains the authority to reject a prospective subtenant if they believe the subtenant is unqualified, such as having a criminal history or being a smoker.

Standardized Missouri Sublease Agreements

A standard Missouri sublease agreement typically includes the following elements:

• Names of the Parties: Identification of the Sublessor and Sublessee.
• Rental Unit Location: The address of the rental unit as per the original lease.
• Rent: Amount, payment schedule, and method of payment.
• Term: Start and end dates of the sublease.
• Landlord’s Consent: How the landlord’s consent is obtained.
• General Conditions: Statement that the written agreement contains all terms and can only be modified in writing.
• Liability: Responsibilities for damages between Sublessor and Sublessee.
• Authorized Occupants: Identification of individuals authorized to live in the rental unit.
• Security Deposit: Maximum security deposit is limited to two months’ rent, held by the Sublessor.
• Pet Deposit: Additional pet deposit may be collected, with no limit, except for service animals.
• Return of Security Deposit: Must be returned within 30 days after the lease term ends.
• Inventory of Included Items: List of items included in the rental.
• Lead-Based Paint Notice: Required if the property was built before 1978.
• Master Lease Inclusion: A copy of the Master Lease must be attached.
• Disputes: Procedures for resolving disputes, potentially including mediation or arbitration.
• Utilities: Specification of which party pays for utilities.
• Smoking Policy: Any restrictions on smoking.
• Parking Policy: Designation of parking areas and fees.
• Signature: Signatures of all parties involved.

Tax Implications of a Sublease in Missouri

Sublessors may be subject to taxes if they sublet a property for 30 days or less. Taxes may include:

• Missouri State Sales Tax: 4.225%
• Convention and Sports Tax: 3.5%
• Convention and Tourism Tax: 3.75%

Each city may have its own tax regulations for short-term rentals, and it is important for sublessors to be aware of these local requirements.

Security Deposit Obligations

According to Missouri law, a sublessor must return the security deposit within 30 days of the sublease’s end. An itemized list of any damages for which the subtenant is responsible must also be provided.

Notices

If a subtenant fails to pay rent on time, the sublessor must provide a 10-day notice to pay rent or vacate the property. Additionally, a 30-day written notice is required if the sublessor intends not to renew the sublease or original lease.

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