Missouri tenants sometimes face tough situations that make breaking a lease unavoidable, and state law offers explicit protections that can prevent added financial strain. This guide outlines these protections, the potential challenges that may arise, and the steps tenants and landlords can take to handle early lease termination responsibly.
Legal Reasons to Break a Lease Early in Missouri
In Missouri, both landlords and tenants can sometimes terminate a lease before it expires when specific conditions apply, such as:
1. Active Duty Military
Federal law allows tenants to break a lease if they receive orders for active duty. This protection applies to service members deployed or given permanent change of station orders. Coverage starts once active duty begins and lasts up to 90 days after discharge.
The law applies to members of the military, the Reserve, and the National Guard serving more than 30 days, as well as Public Health Service and NOAA officers with PCS or deployment orders issued before they sign the lease.
To end the lease, tenants must provide the landlord with written notice and proof of their intention to vacate. Termination does not happen instantly. The lease ends no earlier than 30 days after the next rent due date, ensuring that both parties have sufficient time to adjust.
Supporting law: Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901–4043
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
2. Domestic Violence, Sexual Assault, or Stalking
In Missouri, tenants who experience domestic violence, sexual assault, or stalking can end their lease early without having to pay future rent. State law protects those who provide proper notice and evidence, allowing them to leave unsafe housing without financial penalties.
This law applies when the abuse involves the tenant, a child, or another household member, and the actions meet Missouri’s definitions of domestic violence, sexual assault, or stalking. Tenants can support their claim with a protective order, police report, or a certified statement from a qualified professional.
Written notice and supporting documents must be provided to the landlord within 90 days of the incident. After moving out, tenants are not responsible for rent beyond the month in which they vacate, although they may still owe any unpaid rent or charges for damage to the property.
Supporting law: RSMo § 441.920
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
3. Uninhabitable Living Conditions
In Missouri, tenants can sometimes break a lease early if the rental no longer meets basic living standards. This situation arises when serious health or safety issues exist, the tenant alerts the landlord, and the landlord fails to resolve the problem within a reasonable timeframe.
Missouri law places responsibility on landlords to uphold the implied warranty of habitability. Problems must not be caused by the tenant’s actions or negligence.
Typical violations include:
- Poor weatherproofing
- Faulty or unsafe plumbing
- No access to hot or cold running water
- Lack of adequate heat
- Hazardous stairs or structural defects
To argue constructive eviction, tenants must notify the landlord in writing that they intend to leave because the necessary repairs have not been made. They should also keep records of the problems and their repair requests. Ultimately, a court decides if the conditions justify ending the lease without future rent obligations.
Supporting law: RSMo § 441.234
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
4. Landlord Actions Leading to Constructive Eviction
In Missouri, tenants can seek to end a lease early if a landlord’s conduct rises to the level of constructive eviction. Courts apply this standard when a landlord disrupts the tenant’s right to quiet enjoyment so severely that the property is no longer fit to live in.
Landlord behavior that may qualify includes:
- Entering the unit without consent or emergency grounds
- Removing doors, shutting off utilities, or changing locks
- Failing to address major habitability issues despite notice
- Discriminating against tenants in violation of the Fair Housing Act
To terminate a lease on these grounds, tenants must provide notice, maintain records of the violations, and present their case in court, if necessary. If a judge agrees that constructive eviction occurred, the lease is considered terminated, and the tenant won’t have to make future rent payments.
Supporting law: RSMo § 441.234
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
5. Attempted Self-Help Eviction
In Missouri, landlords cannot remove tenants by changing locks. Any lockout without a court order is unlawful and treated as self-help eviction. A tenant who is locked out may consider the lease terminated, pursue damages, or use the violation as a defense in court.
Cutting off vital utilities is another illegal self-help practice. Shutting down water, heat, or electricity to drive out a tenant violates Missouri law. Courts often view these actions as constructive eviction, which allows tenants to move out without being responsible for rent going forward.
Other banned tactics include removing doors, seizing tenant property, or blocking entry to the unit. Tenants who experience these violations should gather evidence, notify the landlord, and, if necessary, pursue the issue in court. A judge can confirm the lease ended and order damages.
Supporting law: RSMo § 441.233
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
6. Unenforceable or Void Lease Agreement
In Missouri, a lease cannot be enforced if it is legally void or includes terms that conflict with local regulations. When this happens, tenants may challenge the contract and avoid responsibility for future rent, although a court ruling is usually required to confirm the invalidity.
A lease may be considered voidable or unenforceable in Missouri if:
- Signed under duress: Threats or coercion remove genuine consent.
- Signed by a minor: Individuals under 18 generally cannot be held to a lease.
- Illegal unit: Properties that lack occupancy permits, contain unsafe wiring, or fail zoning and safety codes.
If a court finds a lease void, courts will treat it as though no contract was formed. The tenant can leave without ongoing rent liability, and the landlord must return any refundable deposit. If the deposit is withheld, tenants can seek repayment through Missouri small claims court.
Supporting law: RSMo § 441.234
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
7. Mutual Agreement Between Landlord & Tenant
In Missouri, a lease can end early without penalty if both the landlord and tenant consent. This typically occurs through direct negotiation or by utilizing an early termination clause in the lease. The agreement to terminate should always be put in writing and signed by both parties.
Common situations that lead to mutual lease termination include:
- Job relocation or transfer
- Financial strain
- Family or health concerns
- Landlord’s plan to sell the property
- Major renovations or redevelopment
- Tenant’s decision to buy a home
When requesting to leave early, tenants should clearly explain their reasons and propose suitable terms. Landlords and tenants can then work out notice periods, final rent, and deposit arrangements. A signed termination agreement gives clarity and ensures the lease ends on legal and fair terms.
Other Legal Reasons for Breaking a Lease in Missouri
Missouri tenants may have the ability to terminate a lease early in rare cases where the property becomes legally or physically unfit for occupancy. These situations extend beyond ordinary repair issues or landlord disputes, giving renters limited grounds to walk away without incurring future rent obligations.
Other valid reasons include:
Condemnation of the rental property: When local officials declare a unit unsafe or condemn it for code violations, it is no longer legally habitable. Tenants can move out immediately without owing rent once the condemnation is in effect.
Supporting law: RSMo § 441.234
Natural disasters rendering the unit uninhabitable: Fires, floods, or other severe damage may leave a property unsafe to inhabit. In such cases, tenants can claim constructive eviction and terminate the lease if they are unable to reasonably occupy the rental unit.
Supporting law: RSMo § 441.234
These less common situations are still recognized under Missouri law. Tenants must usually give proper notice and supporting documentation to the landlord.
Consequences for Illegally Breaking a Lease
In Missouri, tenants who end a lease without valid legal grounds risk losing their security deposit, being sued by the landlord, harming their credit, or receiving poor rental references that can make it harder to secure housing in the future.
Landlord’s Duty to Mitigate Damages in Missouri
In Missouri, landlords have no legal duty to mitigate damages by finding a new renter after a tenant leaves early. They may keep the unit empty and still require the tenant to cover rent until the lease expires.
If a landlord does re-rent the property, the former tenant’s responsibility ends once the new tenant starts paying rent. Unless the lease specifically requires mitigation, Missouri law puts the financial impact of an early departure on the tenant rather than the landlord.
Tenant’s Right to Sublet in Missouri
Missouri law does not give tenants an inherent right to sublease a rental unit. Whether a unit can be sublet depends on the lease terms. Many leases require landlord approval, and tenants must adhere to these rules to remain in compliance.
If a landlord agrees to a sublease, the subtenant takes over rent payments, but the original tenant remains bound by the lease. Subleasing can ease financial pressure; however, tenants may still face liability if the subtenant fails to make payments or causes damage to the property.
Navigate Broken Leases With Landlord Software
Handling broken leases in Missouri can be challenging. Property management software streamlines the process by centralizing communication, maintaining accurate records, and facilitating compliance for both landlords and tenants, thereby reducing the likelihood of disputes.
Helpful tools include:
- Online rental applications and tenant screening
- Simple lease creation with electronic signatures
- Automated rent payments and reminders
- Maintenance request tracking in one place
- Built-in accounting and bookkeeping
- Secure storage for essential documents
Create a free account today to simplify rental management and handle lease issues with less stress.
