🌻 Missouri Lease Termination Laws

Missouri landlord-tenant law is governed by Missouri Revised Statutes Chapter 441 (Landlord-Tenant Relations) and Chapter 535 (Unlawful Detainer). Missouri is widely considered one of the most landlord-friendly states in the nation, with minimal tenant protections, no statewide habitability statute for most rentals, and streamlined eviction procedures.

Missouri does not have a comprehensive landlord-tenant act. Many aspects of the landlord-tenant relationship are governed by the lease agreement and common law. This makes the written lease particularly important in Missouri.

🔑 Key Features of Missouri Lease Termination Law

Missouri has relatively minimal notice requirements, particularly for non-payment of rent. The notice requirements vary based on the reason for termination.

📝 Notice Requirements by Tenancy Type

Month-to-Month Tenancies

Under RSMo § 441.060, a month-to-month tenancy can be terminated by either party with one month’s notice (30 days). The notice must be given before the end of a monthly period. No reason needs to be stated.

Non-Payment of Rent

Missouri is unique in that landlords are NOT required to provide a pay-or-quit notice before filing for eviction for non-payment of rent. The landlord can file an unlawful detainer action as soon as rent is past due. This makes Missouri one of the most landlord-friendly states.

Fixed-Term Leases

Fixed-term leases end on their stated expiration date without requiring additional notice, unless the lease specifies otherwise. If a tenant remains after expiration and the landlord accepts rent, the tenancy typically converts to month-to-month.

Missouri tenants have limited statutory protections compared to many states. Tenant rights are largely determined by the lease agreement and common law.

📅 Terminating Periodic Tenancies

Tenants in month-to-month tenancies must provide one month’s notice (30 days) before terminating. The notice should be given before the end of a monthly period. For year-to-year tenancies, 60 days notice is required.

🏠 Limited Habitability Protections

Missouri does NOT have a statewide implied warranty of habitability for most residential rentals. However:

• Local housing codes may apply in some jurisdictions
• Kansas City and St. Louis have local tenant protections
• Some courts have recognized limited habitability rights
• Lead paint and other specific hazards are regulated

When Tenants May Terminate:

• Landlord’s material breach of lease terms
• Constructive eviction (premises made uninhabitable)
• Violation of applicable local housing codes
• Mutual agreement with landlord

💰 Security Deposit Return

Under RSMo § 535.300, landlords must return security deposits within 30 days after termination and delivery of possession. Missouri limits security deposits to 2 months’ rent. Wrongful withholding may result in double the amount wrongfully withheld.

Missouri landlords have broad rights to terminate leases, with minimal notice requirements. The state’s landlord-friendly approach allows for expedited evictions.

📋 Termination for Non-Payment of Rent

Missouri is one of the few states where landlords can file for eviction immediately when rent is unpaid – no advance notice is required by state law. The landlord can proceed directly to court with an unlawful detainer action as soon as rent becomes past due.

⚠️ Termination for Lease Violations

For lease violations other than non-payment, the notice requirement depends on the lease terms. Many leases include notice provisions (commonly 10-30 days). If the lease is silent, a reasonable notice may be implied.

🚨 Termination for Drug Activity

Under RSMo § 441.740, landlords may immediately terminate for drug-related criminal activity on the premises. No notice is required for drug violations.

📅 No-Cause Termination

For month-to-month tenancies, landlords can terminate without cause by providing one month’s notice. For year-to-year tenancies, 60 days notice is required. Fixed-term leases cannot be terminated without cause unless permitted by the lease.

Missouri provides limited statutory options for early lease termination, though federal protections apply.

🤝 Mutual Agreement

The most common way to end a lease early is through mutual agreement. Both parties can negotiate terms including any early termination fee, security deposit handling, and move-out timeline. Document any agreement in writing.

🎖️ Military Service (SCRA)

Under the federal Servicemembers Civil Relief Act (SCRA), active duty military members can terminate residential leases early when they receive deployment orders, PCS orders, or orders to live in military housing. The lease terminates 30 days after the next rent due date following notice.

👥 Domestic Violence

Missouri does not have a specific statute allowing domestic violence victims to break their lease early. However, victims may negotiate with landlords or seek legal assistance for options.

📋 Early Termination Clauses

Many Missouri leases include early termination clauses allowing tenants to break the lease by providing specified notice and paying a fee (often 1-2 months’ rent). These clauses are generally enforceable.

💰 Consequences of Breaking a Lease

Tenants who break their lease without legal justification may be liable for rent until the unit is re-rented or the lease expires. Missouri landlords have a duty to mitigate damages by making reasonable efforts to re-rent.

Certain situations in Missouri may affect lease termination procedures.

🔥 Property Damage or Destruction

If the rental unit is substantially damaged or destroyed by fire or other casualty not caused by the tenant, the lease may terminate. Common law principles of impossibility may apply.

⚰️ Death of Tenant

A lease does not automatically terminate upon a tenant’s death in Missouri. The tenant’s estate remains liable for lease obligations. The estate can typically negotiate with the landlord for early termination.

🏛️ Foreclosure

Under federal law, bona fide tenants in foreclosed properties are entitled to 90 days notice. Missouri does not provide significant additional state protections.

🏙️ Kansas City and St. Louis

Kansas City and St. Louis have local tenant protections that may provide additional rights not available under state law. Tenants in these cities should verify local ordinances.

🏚️ Abandonment

If a tenant abandons the property, the landlord may retake possession. Missouri law provides procedures for handling abandoned personal property. The landlord can pursue the tenant for unpaid rent and damages.

Missouri has streamlined eviction procedures that favor landlords.

📋 Notice Content (When Required)

When notice is required (such as for month-to-month termination), it should include: the property address, tenant’s name, termination date, and reason if applicable. For non-payment, no notice is required before filing.

📬 Service of Notice

Notices may be served by:

• Personal delivery to the tenant
• Leaving at the tenant’s residence with a person of suitable age
• Posting on the door and mailing a copy

🏛️ Unlawful Detainer (Eviction)

Missouri evictions proceed through Unlawful Detainer (Rent and Possession) actions:

1. File petition in associate circuit court
2. Serve summons on tenant (at least 4 days before trial)
3. Court hearing (typically within 10-21 days of filing)
4. If landlord prevails, judgment for possession
5. Writ of execution issued
6. Sheriff executes writ

💰 Security Deposit Return

Under RSMo § 535.300:

• Maximum deposit: 2 months’ rent
• Return within 30 days of termination and possession delivery
• Provide itemized statement of deductions
• Wrongful withholding: double the amount wrongfully withheld

Using the correct forms is essential for proper lease termination in Missouri.

📋 Missouri Landlord Resources

📚 More Missouri Resources

🗺️ Additional Resources