A Missouri sublease agreement sets clear terms for situations where a tenant brings in another occupant to take over all or part of a rental unit. It creates a structured handoff between tenants, keeps the new subtenant aligned with the original lease, and supports lawful rental activity for property owners.
Does a tenant need a landlord’s permission to sublease in Missouri?
Missouri law does not include a statute that directly governs subleasing, and common law allows a tenant to sublease if the lease stays silent on the issue. Most modern leases address subleasing, however, which means tenants usually need the landlord’s approval before they bring in a subtenant.
A strong Missouri lease agreement gives property owners a straightforward way to address subleasing and prevent confusion or disputes. To automatically cover subleasing in future leases, property owners can rely on a legally reviewed lease agreement builder to draft the contract.
Information to Include in a Missouri Sublease
Landlords benefit when they treat a sublease with the same structure and expectations they rely on in a standard rental contract. The following list outlines the key information landlords should include within a Missouri sublease:
Names of landlord and sublessor: List the full legal names of both parties so everyone understands who holds responsibility for the sublease and its terms.
Rental unit address: Provide the complete address of the rental unit to ensure the agreement clearly identifies the exact space covered by the sublease.
Length of the sublease agreement: Include the specific start and end dates to set a clear and predictable occupancy timeline for the subtenant.
Rent amount: Record the monthly rent the subtenant must pay and specify the date each payment comes due to prevent misunderstandings.
Division of utilities: Outline how both parties plan to split utility costs and consider using a landlord-tenant utility agreement to document those details in a simple format.
Security deposit information: Explain the amount collected, how the landlord will hold it, and how security deposit laws in Missouri guide returns and deductions.
Maintenance protocols: Explain how the subtenant should report maintenance needs and outline basic care expectations, and answer any other rental property maintenance questions.
Property policies: Clarify rules on noise, guests, parking, or pets so the subtenant understands the standards that guide everyday use of the rental.
Early termination terms: Describe the situations that allow either party to end the sublease early and note any required notice period to prevent confusion.
Landlord’s right to entry: Specify when the landlord may enter the rental property and outline how they must provide advance notice before each visit.
Renter’s insurance: State whether the subtenant must maintain insurance and explain the basic coverage the landlord expects the policy to include.
Landlord’s consent to sublease: Confirm that the landlord approves the sublease and that all parties agree to the terms outlined in the agreement.
Subtenant’s obligation to comply with the master lease: Clarify that the subtenant must comply with every rule in the original lease so expectations remain consistent and enforceable.
Move-in condition checklist: Require a detailed walkthrough and attach a move-in condition report to document the unit’s condition at the start of the sublease.
Emergency contact information: Provide crystal clear contact details so the subtenant knows who to contact in emergencies or for unexpected property issues.
Guest policy: Describe limits on overnight guests and outline any rules that support tenant safety and prevent disruptions within the rental.
Copy of master lease: Include the original lease so the subtenant understands all requirements that continue to apply throughout the sublease term.
Signatures: Collect signatures from all parties and consider using an e-sign option to simplify how everyone finalizes the agreement.
Additional attachments: Add any supporting documents, property rules, or forms that help reinforce clear expectations during the sublease.
Taxes Implications for Short-Term Subleases
Missouri taxes short-term lodging stays, but the law focuses on hotels, motels, and similar businesses rather than typical residential subleases. Missouri Rev. Stat. 144.020 taxes rooms rented to transient guests for fewer than 30 consecutive days, so property owners should review whether a specific sublease meets the state’s definition of taxable lodging before they treat it as a short-term rental.
Missouri landlords should also review local short-term lodging taxes, as rates vary across jurisdictions and can change over time.
For example, in St. Louis, taxes may include:
- Missouri State Sales Tax – 4.225%
- Convention and Sports Tax – 3.5%
- Convention and Tourism Tax – 3.75%
