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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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SECTION 1
Landlord-tenant relationships in Missouri are guided by the state's landlord-tenant laws. All provisions for Missouri’s landlord-tenant rights and responsibilities can be found in the 2023 Missouri Revised Statutes, Title 29, Chapter 441.
Both landlords and tenants should acquaint themselves with these laws in order to know their rights and obligations as well as avoid legal issues down the line.
Below is an overview of the most common rights and duties of landlords and tenants in the state of Missouri.
Sources: Missouri's Landlord-Tenant Law - CoMo.gov, Missouri Landlord-Tenant Law booklet, 2023 Missouri Revised Statutes, Title 29, Chapter 441.
Are landlords in Missouri required to give notice before entering the property?
While Missouri does not have any laws requiring landlords to provide notice to tenants before entering their property. However, most landlords provide a 24-hour notice period as a courtesy to respect the tenant's right to privacy.
Are landlords in Missouri allowed to enter the property to conduct maintenance and repairs?
There’s no statute regarding landlords entering the property to complete repairs. As such, landlords are allowed to enter a rented property to perform repairs and maintain its habitability at the request of the tenant.
Landlords should give adequate notice beforehand. Additionally, tenants are prohibited from restricting landlords access into the property to perform already agreed-upon repairs.
A late fee is a charge for not paying rent on time, distinct from interest or other reasonable expenses related to collecting unpaid rent or enforcing lien rights.
In Missouri, late fees must be explicitly stated in the rental agreement or an addendum to be enforceable. Additionally, the late fee must be deemed “reasonable’.
In Missouri, a late fee is considered reasonable if it is $20 or 20% of the monthly rent, whichever is higher, and this fee is not seen as a penalty.
Should a landlord set a higher late fee they must be able to prove its reasonableness. Finally, landlords can recover reasonable expenses for rent collection and lien enforcement, in addition to any late fees.
Landlords must complete repairs needed to fix code violations within 14 days of notice of the violation due to property neglect. Once 14 days pass, the tenant can either proceed with the repairs themselves (with limitation, see (§§ 441.234)) or in certain circumstances, deduct up to $300 or half of a month’s rent, whichever is larger.
Source: Missouri Landlord Tenant Law (PDF)
SECTION 2
Currently, rent control is banned in Missouri. This implies that landlords are permitted to raise rent as much as they want. However, they are required to give renters a proper written notice in advance (MO Rev Stat § 441.043).
Missouri law does not stipulate a specific notice time before raising rent. The only exception is in the case of mobile homes, in which the landlords are required to give 60 days' notice before raising the rent (MO Rev Stat § 700.600).
Most landlords in Missouri use the notice time needed to terminate a lease as fair notice for a rent increase, which includes:
In Missouri, a landlord is not allowed to raise the rent if:
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Read more: Missouri's Landlord-Tenant Law - CoMo.gov
SECTION 3
When entering into a lease agreement in Missouri, it is important to include all necessary information to protect both the landlord and the tenant.
Both oral and written rental agreements are accepted in Missouri. However, leases over one year should always be documented in writing. Additionally, oral agreements are deemed month-to-month leases.
While Missouri doesn’t require specific clauses to be included in lease agreements, other than mandatory disclosures, there is certain information that should always be included in a lease. For example, landlords should include their name, his or her business address, phone number, rent amount, and lease period, along with other details.
Below is a list of some of the essential things to include to ensure a smooth and legally binding lease agreement.
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Free Resources: Missouri Lease Agreement Templates | eForms
SECTION 4
When renting out a home in Missouri, landlords are entitled to receive a security deposit from the tenant. However, landlords must abide by certain restrictions and obligations set forth by Missouri law regarding security deposits.
Landlords in Missouri are not allowed to demand a security deposit in excess of two months' as per Missouri Revised Statutes, Section 535.300.
Landlords are permitted by Missouri law to require reasonable pet deposits; nevertheless, it is imperative that they comply with the state's regulations on the aggregate sum of security deposits and their management.
Additionally, this fee is waived for disabled individuals who rely on service and emotional support animals.
Missouri landlords are only permitted to take the following deductions from security deposits:
In Missouri, a landlord is required to put the security deposit into a bank account or an escrow account. The landlord is not permitted to keep the deposits in their own account or with them directly. (§§ 535.300(2))
Missouri requires landlords to return security deposits to tenants within 30 days after the tenancy period ends, just like other states in the United States. (§§ 535.300(3)).
The landlord is required to give the renter an itemized account of the reasons (such as a list of property damages) and the associated costs if there were deductions from the deposit. Also, the landlord is required to mention the amount of any outstanding balance on the account of deductions.
If there are no deductions, the landlord is expected to reimburse the renter for the full amount of the security deposit within the allotted time.
If the landlord keeps the security deposit for longer than six months, Missouri law mandates that tenants get interest on the deposit. The annual interest rate needs to match the Federal Funds Rate from the previous December. (§§ 535.300(2)).
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SECTION 5
Missouri allows landlords to evict renters for a number of reasons, including failure to pay rent, breaking the terms of the lease, engaging in unlawful activity, causing damage to the property, and the end of the lease.
Missouri landlords may serve the tenant with a written notice to pay within ten days if the tenant does not pay the rent as stipulated in the lease on time. If the renter continues to default on the due rent after the allotted 10-day notice period, the landlord can proceed to file for eviction.
The landlord may send the renter a notice to fix any violations of the lease within ten days, such as bringing in unapproved guests, pets, or vehicles. If the tenant disregards the notice given to remedy the lease violation, the landlord may proceed with the eviction procedure.
When tenants in Missouri utilize their rented property for illicit purposes, such drug sales, their landlords have the right to swiftly evict them. Tenants may be given a written notice of five days to depart by the landlord. Without providing any further notice, the landlord may petition for eviction if the tenant does not vacate the property within five days.
In Missouri, causing significant damage to the rented property is grounds for eviction. This can involve harm resulting from improper upkeep or hygiene. If the tenant damages the property, the landlord may offer a written notice of ten days' notice to quit.
Landlords have the right to evict tenants from a fixed-term lease if they do not leave the premises by the expiration date of the lease. Before the lease expires, the landlord must give the tenant written notice of at least thirty days' notice of their intention to quit. The landlord may file for eviction if the tenant remains after the lease's expiration date.
In Missouri, a landlord must typically give written notice before filing for eviction. This gives the tenant a chance to fix the problem or leave the property without having to go through formal eviction procedures. The time frames for giving notice vary depending on the cause of eviction:
Here's a breakdown of the key steps in Missouri eviction process:
Source: (Mo. Rev. Stat. §§ 441.020, 441.030,441.040, 535.020 and 535.060).
SECTION 6
Landlords are allowed to ask about anything during Missouri rental applications as long as it's in compliance with the federal Fair Housing Act regulations.
Landlords are not permitted to conduct background checks without the tenant's permission.
In Missouri, there’s no cap on the amount landlords can charge for application fees. There's also no designation under Missouri law to determine if this fee would be refundable or not, it's up to the landlord to decide.
Landlords in Missouri are required to include certain basic information on their rental application forms in order to guarantee the most effective verification procedure possible. The following are some questions a landlord should ask a potential tenant:
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Read more: Missouri's Landlord-Tenant Law | City of Columbia Missouri (.gov)
SECTION 7
Tenants in Missouri are subject to specific rights and obligations regarding lease breaches, which are outlined in the state's landlord-tenant laws and lease agreements. Missouri law further specifies the responsibilities of renters with relation to giving notice to the landlord and fulfilling any financial obligations upon lease termination.
Tenants in Missouri, like in the majority of other states, must give written Missouri eviction notice if they intend to terminate a periodic lease. In Missouri, there are two criteria for the notification of lease termination:
It's important to note that when a tenant breaks a fixed-term lease, they are not required to give any notice.
There are certain situations where tenants are able to terminate a lease early without incurring fines. To enable the landlord to make arrangements, they must, however, adhere to specific guidelines and give notice as soon as feasible.
Below is an overview of every requirement that must be met in order for a renter to vacate a rental property without incurring any fees.
The Servicemembers Civil Relief Act (SCRA) provides protection to active service members. It specifically defends commissioned corps members and personnel of the:
However, tenants are required to provide appropriate notice and a copy of the deployment orders, PCS orders, or any other relevant letter to the landlord in order to terminate a lease under the SCRA's protection.
An 'Early Termination Clause' gives you the ability to outline all the terms and conditions associated with breaching a lease, including what to do, possible consequences, and exclusions.
Before making any significant decisions, it is the responsibility of both parties to go over the terms of the lease. If not, they may eventually face legal repercussions.
A lease may be broken by some tenants using the justification of "Landlord Harassment." They may be able to avoid having to pay rent if they can demonstrate that the offense was sufficiently serious.
'Landlord Harassment' is commonly associated with two situations:
It is the landlord's responsibility to provide information regarding their right of entry in the lease, even though there are no laws pertaining to notice requirements for entering a property.
However, without the tenant's permission, landlords are not allowed to alter the locks or remove doors or windows.
When renting out their property, all Missouri landlords are required to adhere to health and safety regulations. If not, the tenant would no longer be required to make rent payments.
The following is required of landlords by Missouri landlord-tenant law:
Missouri offers protection to those who have been the victims of stalking, domestic abuse, or sexual assault. If certain requirements are met, these individuals may occasionally break their lease without incurring penalties.
It's important to remember that landlords have the right to confirm any assertions made by tenants about their status.
Sources
SECTION 8
Below is an overview of some Missouri HOA Laws that often apply to homeowners associations:
Homeowners associations in Missouri are not governed by any state legislation. Title XXIII, Chapter 355 of the Missouri Revised Statutes contains the Missouri Nonprofit Corporation Law, which must be followed by HOAs, which are frequently organized as nonprofits.
Any business founded specifically with the intention of creating a homeowners' and neighborhood improvement organization is subject to this law. It offers instructions for the association's internal procedures and describes the corporate structure of the organization.
The Missouri Condominium Property and Uniform Condominium Acts regulate condominium associations. However, it's important to note that this act only applies to condominium associations founded after September 28, 1983, while the Missouri Condominium Property Act would oversee associations formed before that.
Note that in the latter, specific provisions will apply to condominiums developed after September 28, 1983.
The purpose of this act is to shield present and future homeowners from housing discrimination on the basis of the following:
The Act carries out the protections provided by the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) at the state level.
Sources
SECTION 9
According to Missouri law, a squatter must be able to occupy a property for a predetermined period of time (continuously for 10 years) to be able to claim adverse possession.
Additionally, in order to acquire complete Missouri squatters rights, a squatter needs to occupy the property in the following way.
Source: (RSMo §§ 516.040)
SECTION 10
Below, you’ll find some helpful Missouri landlord–tenant law resources:
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
