The Missouri residential lease agreement (“rental agreement”) is a written contract that legally allows a property owner and tenant to make an arrangement for the use of livable space in exchange for payment. Each party must follow the terms and conditions as written in the contract.
Missouri Lease Agreement Disclosures
The following disclosures are required for all residential lease agreements in Missouri.
Disclosure | Applicable to |
---|---|
Landlord Name/Address | All Units |
Meth | All Units with Knowledge of Contamination |
Lead Paint | All Units Built Prior to 1978 |
Landlord’s Name & Address
Applicable to all rental units in Missouri.
Any individual authorized to manage the rental property must disclose their name and address so future legal notices and demands that are sent by the tenant can be properly delivered. Typically, this information is provided in the rental agreement and shall be provided to the tenant in writing at or before the commencement of the tenancy.
Methamphetamine Contamination Disclosure
Applicable to any property where the landlord has knowledge of possible contamination.
In Missouri, disclosure of any knowledge relating to methamphetamine manufacturing, use, or storage is legally required in a lease agreement. Only prior knowledge information has to be disclosed, and disclosure must be made regardless of if the person was convicted or involved.
Methamphetamine contamination can be dangerous to Tenant(s) in high concentrations, presenting health concerns through absorption of the materials in the air.
This property:
[ ] Has been found to be contaminated above safe levels and is in the process of decontamination.
[ ] Has been found to be contaminated, but falls within safe levels after tests were conducted.
[ ] Has no suspicion of contamination
Download: Missouri Methamphetamine Contamination Disclosure Form (PDF)
Lead-Based Paint Disclosure
Applicable to any rental units built prior to 1978.
It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in Missouri to:
- Fill out and attach this lead-based paint disclosure form to the lease agreement.
- Provide the tenant with an Environmental Protection Agency (EPA)-approved pamphlet about the dangers of lead-based paint.
- Provide additional records or reports about the presence or hazards of any known lead-based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
Download: Missouri Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures & Addendums (Recommended)
The following lease agreement disclosures and addendums are not required by Missouri law in residential lease agreements, but either help reduce future conflicts with tenants or reduce legal liability for landlords.
- Medical Marijuana Use – it is recommended to state where medical marijuana use is and isn’t allowed on the property so that expectations are clear. Missouri law allows landlords to restrict marijuana usage to non-smoking methods only or control where users can smoke to not interfere with other tenants’ peaceful enjoyment of the premises.
- Move-in Checklist – it is recommended to provide an itemized list of damages to the property before move-in to make sure tenants are responsible for any serious damages that occur during the lease term. This can be attached to the lease agreement or signed as a separate document.
- Late and Returned Check Fees – it is recommended that landlords disclose in the lease any late fees or returned (bounced) check fees that they intend to charge. A late fee of $20 or no more than 20% of the monthly rent (or whichever is greater). They must also be charged only after the agreed upon due date for rent, dictated in the lease. Returned check fees may not exceed $25 per bad check.
- Shared Utilities Arrangements – for rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month.
- Bed Bug Disclosure – for rental units with a history of infestation, it is recommended to provide information on the protocol for handling a bed bug infestation. This addendum will notify the tenant of their obligation to cooperate with bed bug prevention by promptly reporting any sign of infestation to the landlord.
- Asbestos Disclosure – for rental units built prior to 1981, asbestos was a common building material. This disclosure will notify the tenant to take certain precautions to minimize the chance of disturbing the asbestos fibers (i.e. no sanding, pounding, modifications or repairs, without the landlord’s consent). The disclosure will also notify the tenant of their obligation to immediately notify the landlord if any ceilings begin to deteriorate.
- Mold Disclosure – it is recommended to disclose the current mold status of a property in the lease to protect against future liability of mold damages due to the tenant’s negligence during the lease term.
Sources
- 1 MO Rev Stat § 535.185 (2019)
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…1. The landlord of residential property or any person authorized to enter into a rental agreement on such landlord’s behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:
(1) The person authorized to manage the premises; and
(2) An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands.
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2. The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner, or manager… - 2 MO Rev Stat § 441.236 (2019)
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…Disclosures required for transfer of property where methamphetamine production occurred. — In the event that any premises to be rented, leased, sold, transferred or conveyed is or was used as a site for methamphetamine production, the owner, seller, landlord or other transferor shall disclose in writing to the prospective lessee, purchaser or transferee the fact that methamphetamine was produced on the premises, provided that the owner, seller, landlord or other transferor has knowledge of such prior methamphetamine production. The owner shall disclose any prior knowledge of methamphetamine production, regardless of whether the persons involved in the production were convicted for such production…
- 3 MO Rev Stat § 570.120 (2019)
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…(2) If a check that is dishonored or returned unpaid by a financial institution is not referred to the prosecuting attorney or circuit attorney for any action pursuant to the provisions of this section, the party to whom the check was issued, or his or her agent or assignee, or a holder, may collect from the issuer, in addition to the face amount of the check, a reasonable service charge, not to exceed twenty-five dollars, plus an amount equal to the actual charge by the depository institution for the return of each unpaid or dishonored instrument…