In Missouri, month-to-month rentals are straightforward. A month-to-month rental agreement gives both landlords and tenants the flexibility to make changes quickly, whether in response to a life change or changing market conditions. The lease renews each month automatically until one party gives notice to terminate the agreement.
Despite its flexibility, a Missouri month-to-month lease agreement must still follow all state laws and guidelines. Missouri law governs things such as how notice works, when rent can change, how landlords must handle security deposits, and what steps they must follow before eviction. Below, we’ll break down everything you need to know.
Disclosures (3)
Missouri requires fewer disclosures than many states, but landlords must still provide basic information before the tenant moves in.
- Lead-based paint: Federal law says landlords must share any known information about lead-based paint and its hazards for homes built before 1978, and give tenants the EPA’s lead safety pamphlet.
- Methamphetamine contamination: Any known information about the manufacture or storage of methamphetamine on the property must be shared with a tenant before signing the lease (Mo. Rev. Stat. § 441.236).
- Landlord identification: State law requires landlords to include their name and contact information in the lease template (Mo. Rev. Stat. § 535.185).
Always check local laws, as some counties or local ordinances may have additional disclosure requirements.
Optional Disclosures and Addenda
Although not required by Missouri law, including these disclosures can go a long way toward preventing confusion and conflict, and help keep everyone on the same page.
Asbestos: Informs tenants of any asbestos in the unit and ways to limit or prevent exposure.
Bed bugs: Discloses any known or suspected bed bug infestations in the unit or adjacent units.
Late/returned check fees: Details the fees for late or returned rent checks. Missouri law limits late fees to $20 or 20% of the monthly rent, whichever is greater. State law caps returned check fees at $25 plus bank fees (Mo. Rev. Stat. § 570.120.6(2)).
Medical marijuana use: Outlines the rules regarding the use of medical marijuana in the unit, as some states allow landlords to restrict its use.
Mold: Informs tenants of any mold present inside the unit, as well as treatment and remediation options.
Move-in checklist: Details the condition of the unit at move-in, including any existing damages. Landlords can use this checklist at move-out to compare conditions and calculate deductions.
Non-refundable fees: Lists any non-refundable fees charged during the tenancy. In some instances, any fee not explicitly included in the lease as non-refundable is automatically considered refundable.
Shared utilities: If any units in the building share a utility meter, landlords must explain how they split utility charges between tenants.
Smoking: Outlines the smoking policy for the rental, including any designated smoking areas on the property.
Additional Missouri Month-to-Month Lease Laws
In this type of tenancy at will, state law still applies. Missouri has laws in place that help guide any tenancy, from collecting rent to terminating the rental agreement. Here’s what you need to know in the Show-Me State.
Notice to Terminate a Month-to-Month Agreement
Missouri has specific requirements for how landlords or their tenants should terminate the lease, even when it renews automatically each month automatically.
Required notice for tenant: Tenants must give at least 30 days’ written notice before terminating a month-to-month lease (Mo. Rev. Stat. § 441.060).
Required notice for the landlord: Landlords must also provide tenants with 30 days’ written notice to terminate a month-to-month agreement (Mo. Rev. Stat. § 441.060).
Laws Governing Rent Increases
Missouri allows landlords to use their discretion when adjusting rent in a month-to-month tenancy. Of course, the rent increase cannot be retaliatory or discriminatory.
The state does not enforce rent control or rent stabilization. Landlords may increase rent by any amount as long as they give proper notice before the increase takes effect.
Lease Violations and Eviction
Occasionally, lease violations can occur, despite a landlord’s best efforts. Missouri law spells out how landlords should respond to get back on track and minimize loss.
Missed rent payment: If a tenant misses a rent payment, the landlord can begin the eviction process immediately (Mo. Rev. Stat. § 535.010).
Lease violation: For other lease violations, landlords may issue a 10-day Notice to Cure or Quit (Mo. Rev. Stat. § 441.040).
Lease abandonment: If a tenant breaks their lease early without giving notice, it is considered lease abandonment. In these cases, the tenant may be responsible for paying the remaining rent; however, landlords are responsible for attempting to re-rent the unit to mitigate losses (Mo. Rev. Stat. § 535.300(3)).
Self-help evictions: In Missouri, self-help evictions are illegal, meaning the landlord should never attempt to remove a tenant on their own.
Rent Payment Laws
Missouri’s rent payment laws, covering everything from late fees to increasing rent, are straightforward and clear. Here’s what landlords need to know.
Rent control/stabilization: Rent control and stabilization do not exist at the state-wide level in Missouri.
Late rent fees: Missouri law allows landlords to charge $20 or 20% of the monthly rent, whichever is greater (Mo. Rev. Stat. § 535.300(3)).
Grace period: Missouri law does not require landlords to grant a grace period for rent payments.
Tenant’s right to withhold rent: If a tenant notifies their landlord of a condition that threatens the property’s habitability or safety, they must fix the issue within 14 days. If the landlord doesn’t, the tenant may repair themselves and deduct the amount from their rent. They must also provide an itemized deduction receipt (Mo. Rev. Stat. § 441.234).
Pet rent laws: Landlords may charge pet rent or collect pet deposits as long as the fee is reasonable and the lease template clearly outlines the charges.
Security Deposits
Missouri law sets basic rules for handling security deposits, but still gives landlords the flexibility to exercise discretion.
Maximum amount: Missouri law allows landlords to charge up to 2 months’ rent as a security deposit (Mo. Rev. Stat. § 441.043).
Deposit receipt: Landlords are not required to provide their tenant with a receipt for their security deposit.
Interest payments: In Missouri, landlords can choose whether or not to hold the security deposit funds in an interest-bearing account. If they do, the landlord has the right to retain the interest (Mo. Rev. Stat. § 535.300(2)).
Security deposit return: Landlords must return their tenant’s security deposit, minus any deductions, within 30 days of the lease termination (Mo. Rev. Stat. § 535.300(3)).
Deductions: Missouri landlords can withhold deductions from the security deposit to cover unpaid rent, damages beyond normal wear and tear, or lease abandonment. If a landlord makes deductions, they must supply an itemized list of said deductions and give it to their tenant when they return the balance of their deposit (Mo. Rev. Stat. § 535.300(3-4)).
Property Access Laws
Missouri law also gives landlords the ability to use discretion when entering the property, whether for an emergency, for general maintenance, or for repairs. However, to maintain a good relationship, it’s also important to find a balance that also respects a tenant’s privacy.
Advance notice: No state law says when or how landlords may enter the property. Most landlords try to give tenants at least 24 to 48 hours’ notice for routine entries, however.
Immediate access: Landlords may enter the property immediately and without notice in an emergency.
Harassment: Even though state law does not require landlords to give advance notice before entering the rental, repeated entry without just cause can constitute landlord harassment. As a result, they may face penalties, and the tenant could break their lease early, without penalty.
