Missouri Lease Agreement

Required Landlord Disclosures (3)

When signing a lease, Missouri law requires landlords to disclose certain information about the property. These include:

1. Lead-Based Paint: Federal law requires landlords to inform tenants about any lead-based paint or lead-based paint hazards on all units built before 1978.

2. Methamphetamine Contamination: Missouri landlords must disclose any knowledge of methamphetamine production or storage on the property. This disclosure only applies if there is actual knowledge, not suspicion (MRS § 441.236).

3. Landlord’s Name and Address: The name and address of the landlord or person in charge of managing the property must be clearly disclosed in the lease agreement (MRS § 535.185).

Security Deposit Regulations

Maximum Security Deposit Amount: Missouri landlords can charge up to 2 months’ rent for security deposits (MRS § 441.043).

Receipt of Deposit: Landlords in Missouri are not required to provide a receipt after accepting a security deposit, but it is good practice to do so.

Interest: There is no requirement that the security deposit can or cannot be held in an interest-bearing account, but Missouri landlords are legally allowed to keep accrued interest (MRS § 535.300(2)).

Deduction Tracking: Landlords may withhold funds from the security deposit in cases of unpaid rent, property damage, or loss-of-income damages if a tenant breaks the lease early without cause. The person responsible for managing the property must provide the tenant with an itemized list of deductions detailing any withheld funds (MRS § 535.300(3-4)).

Returning a Tenant’s Security Deposit: Landlords must return security deposits within 30 days following the termination of the lease (MRS § 535.300(3)).

Landlord’s Access to Property

Advance Notice: No specific state law indicates how or when a landlord may enter, but landlords are expected to give 24-48 hours’ notice before entering the unit.

Immediate Access: Since no state law dictates how or when a landlord can enter a rental unit, emergency access is generally allowed without advanced notice.

Landlord Harassment: Landlords who repeatedly enter a tenant’s unit without proper cause could be held liable for landlord harassment. In these situations, tenants could be entitled to monetary damages or potentially break the lease early without penalty.

Rent Payment Laws

Grace Period: No laws in Missouri establish a mandatory grace period for late rent payments.

Late Rent Fees: Late fees must be “reasonable,” which means $20 or 20% of the monthly rent, whichever is greater (MRS § 415.417(4)).

Tenant’s Right to Withhold Rent: A condition that threatens the property’s habitability, sanitation, or security must be remedied within 14 days of the tenant’s notice. If the landlord does not cure the problem within 14 days, the tenant may handle the repair themselves, but the repair must cost less than $300 or half the monthly rent, whichever is greater. Tenants must provide an itemized deduction receipt (MRS § 441.234).

Breach of Rental Agreement

Missed Rent Payment: Missouri landlords can file for eviction immediately after missing rent payments (MRS § 535.010).

Lease Violation: For lease violations, landlords must deliver a 10-day notice to cure or quit (MRS § 441.040).

Self-Help Evictions: Evicting a tenant without following the legal eviction process is considered a self-help eviction and is illegal under Missouri law (MRS § 441.233).

Lease Abandonment: Tenants who leave a lease early and without proper cause could be liable for paying the remaining rent for the entire lease term, as Missouri does not have a law that limits the amount a tenant could be responsible for. However, Missouri landlords must attempt to mitigate damages by replacing the tenant (MRS § 535.300(3)).

Ending a Lease

Month-to-Month: Missouri tenants or landlords can end a month-to-month lease with at least one month’s notice for any reason other than landlord retaliation (MRS § 441.060).

Fixed-Term: To end a fixed-term lease early and without penalty, a tenant must meet a qualifying condition. These conditions could include entering active military duty, uninhabitable living conditions, landlord harassment, or an early termination clause in the lease agreement.

Property Abandonment: The landlord must give the tenant 10 days’ written notice by Certified Mail, informing them of the abandoned belongings. If the tenant fails to respond within 10 days, the landlord may dispose of the property. The landlord must store the property in a secure location within 10 days, and tenants are responsible for reimbursing any reasonable costs related to the property storage (MRS § 441.065).

Renewing a Lease

Required Renewals: Missouri landlords are not required to renew a lease once the lease term ends.

Required Notice: For a month-to-month tenancy, landlords or tenants must provide 30 days’ notice of the intent to end the agreement. For fixed-term leases, landlords must let the tenant know at least 60 days before the termination of the contract (MRS § 441.050).

Rent Control & Stabilization

Missouri has not enacted rent control laws, which means landlords are allowed to charge as they see fit once the lease term ends.