Missouri Habitability Laws

Last Updated: June 24, 2022 by Elizabeth Souza

In Missouri, a landlord’s obligation for providing a habitable living space is primarily governed by Missouri Rev. Stat. §441.234. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.

Quick Facts Answer
Landlord Responsibilities No Statute
Time Limit for Repairs 14 Days
Tenant Recourse Options
  • Withhold Rent: No
  • Repair & Deduct: Yes, Less Than $300 or ½ Month’s Rent

Applicable Dwelling Types in Missouri

The implied warranty of habitability in Missouri does not apply to all types of dwellings. See the table below for which are and aren’t included.

Dwelling Type Landlord/Tenant Laws Apply?
Single family Yes
Multi-family Yes
Fraternities/Sororities/Clubs Not addressed
RV parks Yes
Mobile home parks Only if person in mobile home is a renter, not owner.
Condos Not addressed
Hotels/Motels No
Questions? To chat with a Missouri landlord tenant attorney, click here

Landlord Responsibilities in Missouri

The following chart lists possible landlord responsibilities when it comes to habitability.  Not all of them are requirements in Missouri, as indicated below.

Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.

Habitability Issue Landlord Responsibility?
Provide windows and doors that are in good repair. Not addressed
Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. Not addressed
Provide hot and cold running water. Not addressed
Provide working HVAC equipment. Not addressed
Provide working plumbing and electrical wiring/outlets/ lighting. Not addressed
Provide working gas lines if used for utilities/cooking Not addressed
Provide working sanitation facilities (bathtub/shower, toilet). Not addressed
Provide a trash can (for trash pickup services). Not addressed
Ensure that any stairs and railings are safe. Not addressed
Ensure that all floors are in good condition and safe. Not addressed
Provide fire exits that are usable, safe, and clean. Not addressed
Ensure storage areas, including garages and basements, do not house combustible materials. Not addressed
Provide working smoke detectors Not addressed
Provide a mailbox. Not addressed
Provide working wiring for one telephone jack. Not addressed
Provide working kitchen appliances. Not addressed
Provide working carbon monoxide detector. Not addressed
Provide a working washer/dryer. Not addressed

As you can see, Missouri state law doesn’t lay out specific landlord responsibilities. However, landlords are required to comply with all housing codes, so you should check with the municipality in which the rental property is located to determine what specific responsibilities landlords may have regarding habitability.

Former Methamphetamine Houses

Landlords are required to disclose in writing to potential tenants that a rental property was used in the production of methamphetamines, regardless of whether the suspects were formally sentenced.

Tenant’s Right to Repairs in Missouri

Missouri’s rent and repair statute provides tenants with a limited right to compel repairs from the landlord.

  • Sending Notice – If a tenant request repairs, they must put their request in writing to the landlord. The landlord is given 14 days to respond and make repairs.
  • Landlord Access – Tenants are not required to give the landlord access to the property under Missouri law unless it is written into the lease agreement. Landlords should give the tenant reasonable notice to enter the dwelling unit and shall enter at a reasonable time, except in the case of an emergency.
Questions? To chat with a Missouri landlord tenant attorney, click here

Tenant’s Options if Repairs Aren’t Made in Missouri

If repairs aren’t made in a timely manner, the tenant has a few possible options for resolving the issue.

  1. Withhold Rent – Missouri landlord tenant law does not allow tenants in Missouri to withhold rent in response to habitability issues.
  2. Repair and Deduct – The tenant can pay for the repair and deduct from rent if the landlord fails to make necessary repairs. There are procedures and circumstances a tenant must follow before making the repair.
    • Tenant has given the landlord written notice and has given the landlord a minimum of 14 days to respond to the notice.
    • Tenant must have lived in the rental unit for at least six consecutive months.
    • Repair is affecting the sanitation, security, or habitability of the dwelling unit and is in violation of city code.
    • Tenant is current on all rent owed and is not in any violation of the lease.
    • Repair cost must not exceed the greater of $300 or one-half of one month’s rent.
    • Tenant may only use this remedy once in a 12-month period.
  3. Lawsuit – If a landlord intentionally or negligently fails to provide heat, water, electricity, and/or other “essentials,” tenants are allowed to pursue legal action.
  4. Reporting to Public Officials – If the unit becomes unsafe due to the repair problems, the tenant can contact local health or housing authorities.

Landlord Retaliation in Missouri

Missouri does not have state statutes prohibiting landlords from retaliating against tenants for pursuing legal rights (i.e., joining a tenant’s union, filing a complaint with a governmental agency for habitability issues).

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