Missouri Residential Lease Agreement

Important Information for Missouri Landlords

Missouri Rental Law Highlights

Security Deposits (RSMo § 535.300)

• Maximum Amount: No statutory limit (typically 2 months’ rent)
• Return Timeline: 30 days after tenant vacates
• Itemized Statement: Required if deductions are made
• Move-In Inspection: Strongly recommended to document condition
• Normal Wear and Tear: Cannot deduct for ordinary deterioration
• Interest: Not required on security deposits
• Penalties: Wrongful withholding may result in liability for twice the deposit amount
• Written Receipt: Must provide receipt with landlord’s name and address

Rent and Rent Increases

• Grace Period: No statutory grace period required
• Late Fees: Must be reasonable; typically stated in lease
• Rent Increase Notice: 30 days for month-to-month (60 days in some jurisdictions)
• Fixed Term: Cannot increase rent during lease term unless specified
• No Statewide Rent Control: Missouri prohibits rent control
• Partial Payments: Landlord may accept or refuse partial rent payments

Required Disclosures (RSMo § 535.185)

• Lead paint disclosure (pre-1978 properties) – Federal requirement
• Name and address of landlord or authorized property manager
• Methamphetamine contamination disclosure (if applicable – RSMo § 195.825)
• Mold disclosure (recommended)
• Smoke detector information
• Receipt for security deposit with landlord contact information

Eviction and Termination (RSMo § 441.060, 535.010)

• Rent and Possession Notice: Written notice for nonpayment of rent
• 10-Day Notice: For lease violations (tenant may cure)
• 30-Day Notice: To terminate month-to-month tenancy (either party)
• Court Process Required: Unlawful detainer action for eviction
• No Self-Help: Lockouts and utility shutoffs are illegal
• Abandoned Property: Landlord may dispose after proper notice

Landlord Obligations (RSMo § 441.560 – 441.650)

• Habitability: Must maintain premises in habitable condition
• Essential Services: Heat, water, hot water, electricity must be functional
• Compliance: Must comply with applicable building and housing codes
• Structural Integrity: Maintain in safe and weathertight condition
• Smoke Detectors: Must install working smoke detectors (local ordinances)
• Common Areas: Keep common areas clean, safe, and in good repair
• Pest Control: Generally landlord responsibility
• Repairs: Must make necessary repairs within reasonable time

Entry Requirements (RSMo § 441.640)

• Notice Required: Reasonable notice (typically 24 hours)
• Reasonable Times: Entry during reasonable hours only
• Emergency Exception: May enter without notice in emergency
• Permitted Purposes: Inspection, repairs, showing to buyers/tenants
• Abandonment: May enter if property appears abandoned
• Tenant Consent: May enter with tenant’s consent

Tenant Rights and Protections

• Quiet Enjoyment: Right to peaceful possession without interference
• Privacy Rights: Right to reasonable notice before entry
• Repair Remedies: May withhold rent or repair and deduct (with proper notice)
• Rent Escrow: May deposit rent with court for serious violations
• Retaliation: Landlord cannot retaliate for complaints (RSMo § 441.650)
• Security Deposit Protection: Double damages for wrongful withholding
• Domestic Violence: Protections for victims under Missouri law
• Military Service: SCRA protections for active duty members

Missouri-Specific Considerations

Methamphetamine Contamination (RSMo § 195.825)

• Must disclose if property was used for methamphetamine production
• Property must be professionally decontaminated before occupancy
• Certificate of decontamination required
• Local health departments maintain contaminated property registries
• Failure to disclose can result in criminal charges

Security Deposit Return (RSMo § 535.300)

• Must return within 30 days of tenant vacating
• If deductions made, must provide itemized list with amounts
• Wrongful withholding can result in liability for twice the deposit
• Must provide written receipt showing landlord’s name and address
• Landlord’s address where notice can be served must be disclosed

Landlord’s Lien (Abolished)

• Missouri no longer provides landlord’s lien on tenant’s property
• Cannot seize tenant’s personal property for unpaid rent
• Must use eviction process and judgment collection

Smoke Detector Requirements

• Working smoke detectors required (local ordinances vary)
• Landlord typically responsible for installation
• Tenant responsible for battery replacement and notification of defects
• Check local fire codes for specific requirements

Abandoned Property (RSMo § 441.065)

• Property considered abandoned if tenant absent without notice
• Landlord must provide written notice to tenant’s last known address
• May dispose of property after specified period
• Must act reasonably in storing and disposing of property
• Landlord may charge reasonable storage fees

Repair and Deduct Remedies (RSMo § 441.570)

• Tenant may withhold rent for serious habitability violations
• Must notify landlord in writing of needed repair
• Landlord must be given reasonable time to repair
• Tenant may repair and deduct cost from rent in some circumstances
• Must follow proper procedures to avoid breach of lease

Fair Housing Requirements

Best Practices for Missouri Landlords

• Use written leases for all tenancies
• Conduct thorough move-in and move-out inspections with photos
• Provide all required disclosures including security deposit receipt
• Return security deposits within 30 days with itemization if deducting
• Disclose methamphetamine contamination history if applicable
• Give reasonable notice (24 hours) before entering property
• Keep detailed records of all transactions and communications
• Respond promptly to repair requests
• Maintain property to comply with housing codes
• Install and maintain working smoke detectors per local codes
• Never use self-help eviction methods (lockouts, utility shutoffs)
• Follow proper court procedures for evictions
• Check meth contamination registries before renting
• Consider landlord insurance with loss of rent coverage
• Join local landlord associations for resources and updates

Kansas City and St. Louis Specific Considerations

• Kansas City: May have additional rental property registration requirements
• St. Louis: Additional rental inspection and licensing requirements
• Local Ordinances: Check city-specific landlord-tenant ordinances
• Rental Licenses: Some cities require landlord licensing

Resources

• Missouri Revised Statutes (RSMo) – Chapter 441 (Landlord and Tenant) and Chapter 535 (Limitations)
• Missouri Attorney General’s Office – Consumer Protection Division
• Legal Services of Eastern Missouri
• Missouri Bar Association – Real Estate Section
• Local housing authorities and health departments
• County circuit courts (for eviction procedures)
• Missouri Department of Health and Senior Services (for meth contamination)