Under Missouri law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have rights and responsibilities under MRS Title 29 Chapter 441, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: Many of these rights cannot be waived, regardless of what the rental agreement says.
Landlord Responsibilities in Missouri
In Missouri, landlords legally can’t rent property out unless it meets basic health and safety requirements. Missouri’s habitability requirements are lower than most other states, as shown in the following table:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Not Addressed | Not Addressed |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Garbage Containers/Removal | Not Addressed | Not Addressed |
| Smoke and Carbon Monoxide (CO) Detectors | Only Smoke | No |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Missouri
Landlords must perform necessary repairs in a timely manner. In Missouri, landlords must make repairs within a “reasonable” time after getting notice from tenants.
If repairs aren’t made in a timely manner, Missouri tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs and deduct from the rent. They can also withhold rent, but usually only by paying into a court escrow account.
Tenant Responsibilities in Missouri
Aside from paying rent in a timely manner, Missouri tenants must:
- Abide by the lease terms.
- Keep the unit in a safe and habitable condition.
- Perform repairs outlined in the lease agreement.
- Not disturb other tenants or neighbors.
Evictions in Missouri
Missouri landlords are allowed to pursue eviction for any of the following reasons:
- Nonpayment of Rent: Missouri does not require landlords to issue a notice in the case of late or missing rental payments. As such, landlords can pursue immediate eviction if rent is not paid.
- Violation of Lease Terms: If a lease violation occurs, Missouri landlords may issue a 10-Day Notice to Cure or Quit. If the issue is not remedied in the specified timeframe, landlords can pursue eviction. Some violations are serious enough to warrant immediate eviction.
- Illegal Acts: If a landlord has documentation of prostitution, illegal gambling, assault, or possession/sale of drugs occurring on their property they may file a 10-Day Notice to Quit. If the tenant does not vacate the premises, the landlord can file an Unlawful Detainer suit.
At-will tenants are entitled to at least 30 days of written notice before eviction. Missouri law also does not allow landlords to evict tenants in retaliation or for discriminatory reasons.
Landlord Retaliation in Missouri
Missouri landlords aren’t allowed to evict tenants in retaliation for taking actions like filing a report with government authorities about a code violation. However, a tenant’s protection against retaliation is much lower in Missouri than in most states. Retaliation can’t be raised as a defense in most eviction proceedings.
Security Deposits in Missouri
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: 2 months’ rent.
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits.
- Holding Requirement: Landlords must hold security deposits in a federally-insured bank, credit union, or other financial institution.
- Interest Requirement: None.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, late fees, damage excluding normal wear and tear, costs due to early termination of the lease agreement, and carpet cleaning.
- Time Limit for Return: 30 days.
- Max. Penalty for Late Return: Tenants can sue for twice the amount wrongfully withheld.
Lease Termination in Missouri
Notice Requirements: Missouri tenants on a periodic lease must give the following amounts of advanced notice if they wish to terminate the lease.
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | No statute |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 60 Days |
Early Termination: Missouri tenants can legally break a lease early for the following reasons:
- Early termination clause
- Active military duty
- Uninhabitable unit
- Landlord harassment
Cost of Breaking a Lease in Missouri
If a Missouri tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Missouri
Missouri does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Missouri does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes.
Missouri state law does not specify how much notice landlords must give before increasing the rent except mobile home tenants must be given at least 60 days’ notice.
Housing Discrimination in Missouri
Protected Groups: The Federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, familial status, or disability. These laws do not apply to some owner-occupied homes or homes operated by religious organizations. Missouri does not include extra protections for any groups not outlined in the Federal Fair Housing Act.
Discriminatory Acts & Penalties: The Missouri Department of Labor and Industrial Relations handles housing discrimination complaints in the state. The following practices and behaviors may be considered discriminatory when directed to a member of a protected class:
- Refusing to rent or sell on a bona fide offer.
- Offering different terms, conditions, or privileges.
- Falsely claiming housing is unavailable.
- Denying membership to certain services.
- Failing to make reasonable accommodations.
- Refusing to provide certain types of financial services.
- Publishing advertisements that encourage or discourage certain groups from applying.
Tenants who feel they are the victim of discrimination may file a complaint online. If the complaint is found to be justified, the tenant may seek civil litigation against the landlord.
Additional Landlord Tenant Regulations in Missouri
In addition to having laws that address general issues like repairs and security deposits, most states, including Missouri, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Entry in Missouri
Missouri law does not regulate a landlord’s right to enter rental property, so the lease usually controls terms of access. Landlords have the right to enter for code compliance purposes like maintenance, and can also enter in emergency situations.
Rent Collection & Related Fees in Missouri
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: No limit, but it must be mentioned in the lease agreement to be charged.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Not required.
Small Claims Court in Missouri
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $5,000. Missouri Small Claims Court is a division of Circuit Court. The process takes approximately one to three months.
Mandatory Disclosures in Missouri
Missouri landlords must make two kinds of mandatory disclosures:
- Lead-Based Paint: Landlords that own homes built before 1978 must provide information about lead paint concentrations used in the building.
- Authorized Agents: Landlords must also provide the names and addresses of all parties involved in owning and managing the property.
Changing the Locks in Missouri
Missouri law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. Landlords can’t unilaterally change locks on their tenants, as this is considered a form of illegal “self help” eviction.
Local Laws in Missouri
Many cities in Missouri have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
Kansas City Landlord Tenant Rights
Kansas City adopted a new Tenant’s Bill of Rights in 2019 that requires landlords to provide certain amenities like heating, water, plumbing, electric fixtures, and cooking equipment. Tenants can also refuse entry to landlords that do not follow notification policies.
St. Louis Tenant Rights
The City of St. Louis has protections against discrimination in housing on the basis of sexual orientation or source of income. Landlords are also not allowed to charge rent if they do not obtain a Certificate of Inspection for the unit.
