Most places, including Missouri, make a landlord responsible for the “habitability” of rental property. This means rental properties must be kept in basic condition to use for their intended purpose. Habitability is an important right for renters, but can be complicated because of details and differences in habitability requirements.
Missouri Implied Warranty of Habitability
In Missouri, the implied warranty of habitability means that a landlord must provide and maintain a safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Missouri
Note: Almost all habitability requirements depend on locally applicable codes in Missouri. Check city/county laws and ordinances for additional requirements.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Not Addressed | Not Addressed |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Washer & Dryer | No | No |
| Smoke/CO Detectors | Only Smoke | No |
| Window Coverings | Not Addressed | Not Addressed |
| Light Fixtures | No | No |
| Landscaping | Not Addressed | Not Addressed |
| Garbage Removal | Not Addressed | Not Addressed |
| Garbage Pickup | Not Addressed | Not Addressed |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Not Usually |
| Clogs | N/A | Not Usually |
Landlord Responsibilities for Heating & Air Conditioning in Missouri
Missouri landlords have no responsibility to provide heating or air conditioning.
Are Landlords Required to Provide Air Filter Replacements in Missouri?
Missouri landlords don’t have to replace things like air filters.
Landlord Responsibilities for Plumbing in Missouri
Missouri landlords are not responsible for most plumbing issues. They only have to avoid any action that might wilfully interrupt basic water service on the rental property.
Are Landlords Required To Provide Hot Water in Missouri?
Missouri landlords don’t have a specific requirement to provide hot water. However, if hot water service is provided, the landlord can’t take any action that might wilfully interrupt it.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Missouri?
Missouri landlords generally don’t have to fix clogs. They only have to do so when this would wilfully interrupt basic water service on the rental property.
Are Landlords in Missouri Responsible for Fixing Leaks?
Missouri, landlords generally don’t have to fix leaks. They only have to do so when this would wilfully interrupt basic water service on the rental property.
Landlord Responsibilities for Kitchen Appliances in Missouri
Missouri landlords don’t have to provide kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator.
Landlord Responsibilities for Electrical Issues in Missouri
Missouri landlords are only responsible for avoiding actions that wilfully interrupt electrical service on the rental property.
Are Landlords Responsible for Replacing Light Bulbs in Missouri?
In Missouri, a landlord is not responsible for replacing light bulbs or particular light fixtures.
Landlord Responsibilities for Garbage Removal in Missouri
Missouri landlords have no specific responsibilities relating to garbage removal. They only have to make sure the rental property stays sanitary at a basic level.
Landlord Responsibilities for Landscaping in Missouri
Missouri landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Missouri
Missouri landlords are responsible for fixing mold issues the renter didn’t cause, since this threatens sanitation on the rental property at a basic level. There’s no regular testing requirement.
Landlord Responsibilities Regarding Pests in Missouri
Missouri landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants. There’s no regular testing requirement.
Landlord Responsibilities for Windows & Window Coverings in Missouri
Missouri landlords have no specific responsibilities to provide or maintain any types of windows or window coverings.
Landlord Responsibilities Regarding Safety Devices in Missouri
Missouri landlords must provide any safety devices required by law, such as smoke alarms and carbon monoxide (CO) detectors. A landlord’s responsibilities in this area are usually determined by local code, and the landlord otherwise has no inherent duty to maintain or repair such devices.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Missouri?
Missouri landlords have no specific responsibility to replace safety device batteries.
Landlord Responsibilities for Washers and Dryers in Missouri
Missouri landlords don’t have to provide or maintain a washer or dryer.
Renter’s Rights for Repairs in Missouri
Missouri renters have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. The renter must give the landlord reasonable notice, and the landlord gets a reasonable time after notice to do repairs.
If the issue isn’t fixed, the renter can seek a rent abatement through rent escrow, or repair and deduct. In severe cases, the renter might be able to move out and end the lease with a claim of constructive eviction.
Sources
- 1 Detling v. Edelbrock, 671 S.W.2d 265, 270 (Mo. 1984) (internal formatting omitted)
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“A landlord impliedly warrants the habitability of leased residential property. Specifically, we hold that a landlord warrants that the dwelling is habitable and fit for living at the inception of the lease and that it will remain so during the entire term. The landlord warrants that he will provide facilities and service vital to the life, health and safety of the tenant and to the use of the premises for residential purposes.”
Source Link - 2 Detling v. Edelbrock, 671 S.W.2d 265, 270 (Mo. 1984)
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“Habitability is to be measured by community standards, reflected in most cases in local housing and property maintenance codes. To constitute a breach of the warranty, a tenant must allege and prove conditions of such a nature as to render the premises unsafe or unsanitary.”
Source Link - 3 Mo. Rev. Stat. § 441.233(2) (2022)
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“Any landlord or its agent who willfully diminishes services to a tenant by interrupting or causing the interruption of essential services, including but not limited to electric, gas, water, or sewer service, to the tenant or to the premises shall be deemed guilty of forcible entry and detainer as described in chapter 534; provided however, this section shall not be applicable if a landlord or its agent takes such action for health or safety reasons.”
Source Link - 4 Detling v. Edelbrock, 671 S.W.2d 265, 270 (Mo. 1984)
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“[A] tenant seeking to state a cause of action for breach of the warranty of habitability must allege facts satisfying the following elements: (1) entry into a lease for residential property; (2) the subsequent development of dangerous or unsanitary conditions on the premises materially affecting the life, health and safety of the tenant; (3) reasonable notice of the defects to the landlord; and (4) subsequent failure to restore the premises to habitability.
Source Link - 5 LaBarbera v. Malec, 540 S.W.3d 903 (Mo. Ct. App. 2018)
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Where a local code doesn’t require a landlord to maintain safety devices to a particular standard, the landlord must have sufficient control over the rental property to be responsible for something like safety devices. See generally LaBarbera v. Malec, 540 S.W.3d 903 (Mo. Ct. App. 2018)
Source Link - 6 Kohner Props., Inc. v. Johnson, 553 S.W.3d 280, 286 (Mo. 2018)
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“[E]ven though King ’s pronouncement of an in custodia legis [i.e., rent escrow] procedure in all rent and possession actions when the tenant retains possession was [non-binding] dicta , the circuit courts have the discretion to institute a suitable protective procedure upon either party’s request and after notice and an opportunity to be heard by the opposing party.”
Source Link - 7 Mo. Rev. Stat. § 441.234(2) (2022)
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“If there exists a condition on residential premises which detrimentally affects the habitability, sanitation or security of the premises, and the condition constitutes a violation of a local municipal housing or building code, and the reasonable cost to correct the condition is less than three hundred dollars, or one-half of the periodic rent, whichever is greater, provided that the cost may not exceed one month’s rent, the tenant may notify the landlord of the tenant’s intention to correct the condition at the landlord’s expense.”
Source Link - 8 King v. Moorehead, 495 S.W.2d 65, 70 (Mo. Ct. App. 1973)
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“A constructive eviction arises when the lessor, by wrongful conduct or by the omission of a duty placed upon him in the lease, substantially interferes with the lessee’s beneficial enjoyment of the demised premises. Under this doctrine the tenant is allowed to abandon the lease and excuse himself from the obligations of rent because the landlord’s conduct, or omission, not only substantially breaches the implied covenant of quiet enjoyment but also operates to impair the consideration for the lease.”
Source Link
