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 | “Reasonable” Time (Usually Within 14 Days) |
Tenant Recourse Options |
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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 |
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 | Yes |
Provide working sanitation facilities (bathtub/shower, toilet). | Yes |
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.
Repairs, Recourse & Retaliation in Missouri
If a rental property is in violation of the implied warranty of habitability in Missouri, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
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.
Renter’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. Read More
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.