In general, a landlord in Missouri has to repair any issues with rental property that could affect health, safety, or habitability. The landlord must make a good-faith effort to repair issues within a “reasonable time” of getting written notice from the renter, which for most code issues is 14 days.
Missouri Landlord Responsibilities for Repairs
Landlords in Missouri must specifically maintain:
- Provided electric, gas, water, and sewer service.
- All features required by local code.
- Common areas.
- Anything impacting health, safety, or habitability.
What Repairs Are Tenants Responsible for in Missouri?
Tenants in Missouri are responsible for repairing any damage they cause which affects health and safety. In most cases, tenants are also responsible for any damage that doesn’t seriously impact habitability. Especially at the beginning of a lease, tenants may even be de facto responsible for some code compliance.
Requesting Repairs in Missouri
Missouri tenants have to request repairs by giving the landlord “reasonable” notice of an issue, which could be verbal or written. However, written notice is preferable, as it is required for the statutory repair and deduct remedy and also helps prove timing and contents of a repair notice in general.
Can the Landlord Refuse To Make Repairs in Missouri?
Missouri landlords can refuse to make otherwise legally required repairs, when the tenant is behind on rent or otherwise breaking the terms of the lease within the first six months of the tenancy. The landlord can also sometimes refuse repairs until the local government certifies they’re necessary.
How Long Does a Landlord Have To Make Repairs in Missouri?
Missouri landlords have to make repairs within a “reasonable” time after notice. To avoid the renter repairing and deducting the cost from rent, this means repairs must in most cases be complete within 14 days.
Do Landlords Have To Pay for Alternative Accommodation During Repairs in Missouri?
Missouri landlords are not required to pay for alternative accommodation during repairs.
Tenant’s Rights if Repairs Aren’t Made in Missouri
Missouri tenants have limited rights if the landlord doesn’t make timely repairs. They can follow a procedure to repair and deduct for lesser repairs. For major repairs, they can withhold rent (usually by paying into rent escrow) or in some severe cases claim constructive eviction and move out.
Can the Tenant Withhold Rent in Missouri?
Missouri tenants can withhold rent when the landlord doesn’t do required repairs after reasonable notice. Although not an absolute requirement, to withhold rent the tenant must typically use what’s called rent escrow by applying to pay the rent into a special court-supervised account instead of to the landlord.
Can the Tenant Repair and Deduct in Missouri?
Missouri tenants can repair and deduct by following a special procedure. First, the tenant must reside at the property for six months without any uncured violations of the lease or property rules. After this, the tenant can ask in writing for repairs to code issues, and wait 14 days.
If the landlord hasn’t fixed the issue, the tenant can then repair, submit an itemized statement of costs including receipts, and deduct the actual and reasonable cost (up to the greater of $300 or half the monthly rent). The maximum deduction in one year is one month’s rent.
The landlord can, in writing, dispute the need for repairs, in which case the tenant can’t repair and deduct until the local government certifies they’re necessary.
Can the Tenant Break Their Lease in Missouri?
Missouri tenants can break leases by claiming constructive eviction. This remedy is only available when the landlord’s wrongful actions or negligence substantially prevent the rental property from being used for its basic intended purposes. In these severe cases, the tenant can move out and end the lease.
Can the Tenant Sue in Missouri?
Missouri tenants can sue to force repairs or recover monetary damages, when the landlord breaches the warranty of habitability.
Can the Tenant Report the Landlord in Missouri?
Missouri tenants can report landlords for code violations that affect health or safety. Tenants should usually report to the local inspections or code enforcement department. If an inspecting officer finds a violation, the tenant could cancel the rental agreement, or sue to force repairs.
Landlord Retaliation in Missouri
Missouri law isn’t clear on the extent to which landlords are allowed to retaliate against tenants. Missouri courts recognize retaliatory eviction as a defense, but haven’t provided guidance on what factors weigh toward or against finding retaliation. Retaliatory eviction also isn’t available as a defense in most eviction cases.
Sources
- 1 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 - 2 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. If the landlord fails to correct the condition within fourteen days after being notified by the tenant in writing or as promptly as required in case of an emergency, the tenant may cause the work to be done in a workmanlike manner and, after submitting to the landlord an itemized statement, including receipts, deduct from the rent the actual and reasonable cost of the work, as documented by the receipts, not exceeding the amount specified in this subsection.”
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 Mo. Rev. Stat. § 441.234(1) (2022)
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“The provisions of this section shall apply only to a tenant who has lawfully resided on the rental premises for six consecutive months, has paid all rent and charges due the landlord during that time, and did not during that time receive any written notice from the landlord of any violation of any lease provision or house rule, which violation was not subsequently cured.”
Source Link - 5 Mo. Rev. Stat. § 441.234(3) (2022)
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“A tenant may not repair at the landlord’s expense if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s family, or other person on the premises with tenant’s consent. A tenant may not deduct in the aggregate more than the amount of one month’s rent during any twelve-month period.”
Source Link - 6 Mo. Rev. Stat. § 441.234(2) (2022)
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“[I]f the landlord provides to the tenant within said [repair-and-deduct] notice period a written statement disputing the necessity of the repair, then the tenant may not deduct the cost of the repair from the rent without securing, before the repair is performed, a written certification from the local municipality or government entity that the condition requiring repair constitutes a violation of local municipal housing or building code. In the event of such certification, the tenant may cause the work to be done as described herein if the landlord fails to correct the condition within fourteen days after the date of said certification or the date of the notice from the tenant, whichever is later, or as promptly as required in case of an emergency. The tenant’s remedy provided herein is not exclusive of any other remedies which may be available to the tenant under the law. No lease agreement shall contain a waiver of the rights described in this section.”
Source Link - 7 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 - 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 - 9 Leve v. Delph, 710 S.W.2d 389, 392 (Mo. Ct. App. 1986) (internal citations omitted)
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“An equitable affirmative defense cannot be raised in an unlawful detainer action. Defendants are therefore precluded from raising the equitable defense of retaliatory eviction in an unlawful detainer action.”
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