Looking for clear and concise information on Missouri landlord tenant law? Get all your answers from this plain English guide to Missouri landlord tenant statutes.
MO Landlord Tenant Law:
This act also covers properties used for commercial, industrial or storage purposes. [MO 441.005]
The landlord can ask prospective tenants for application fees to cover the costs of background and credit checks. The fee amount should be reasonable - We recommend charging $25 to $30 per applicant. If the landlord did not run any tenant screening checks, the fees should be refunded.
Before running background or credit checks on tenant applicants, landlords must first obtain the applicant's written permission. [Fair Credit Reporting Act Sec.604(a)(3)(F)]
For landlords to run background and credit checks, the tenant application form needs to ask for the applicant's:
The federal Fair Housing Act disallows landlords from rejecting prospective renters based on their race, color, religion, nationality, sex, *familial status or physical/mental disability. *Familial status means landlords cannot reject someone for having one or more children under 18. Familial status also includes pregnant women and people planning to have (or adapt) children under 18.
In addition, Missouri landlord tenant law disallows landlords from rejecting someone as a renter because of his or her ancestry.
A tenancy agreement (also known as a lease agreement or rental agreement) can be written or verbal.
A verbal lease is valid for up to one month in Missouri. The landlord can raise rent or evict the tenant by giving him or her one month's notice. The tenant can also terminate a verbal lease by informing the landlord one month in advance. [Handbook]
The landlord and tenant can choose between a month to month tenancy or fixed term lease. For a month to month tenancy, the landlord or tenant can change its terms and conditions at the end of every month. For a fixed term lease, the landlord and tenant CANNOT change the lease terms and conditions during its duration... unless there is written consent from both parties.
Missouri landlord tenant law requires all tenancy agreements to contain the following details:
According to Missouri landlord tenant law, your lease agreement CANNOT:
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According to Missouri landlord tenant law, he landlord can ask for up to two month's rent as security deposit. [MO 535.300.(1)]
Missouri landlord tenant law requires the landlord to hold the security deposit in a trust account of a bank, credit union or depository institution (insured by a federal government agency). The landlord cannot combine security deposits with other funds.
Any interest earned by the security deposit belongs to the landlord. [MO 535.300.(2)]
There are no Missouri landlord tenant statutes on pet deposits or non-refundable fees.
Missouri landlord tenant law requires the landlord to inform the tenant of the terms and conditions for security deposit deductions.
Valid reasons for security deposit deductions (under Missouri landlord tenant law) include:
The landlord is NOT allowed to take money from the security deposit due to damage from *normal wear and tear. [MO 535.300.(4)(2)] *Normal wear and tear is the natural deterioration of the property (and its contents) from normal everyday use.
Once the lease terminates and the tenant returns the property, the landlord must send the tenant a list of security deposit deductions and refund any remaining deposit within 30 days. This list has to individually account for all damages and rent owed in writing. [MO 545.300.(3)]
The landlord shall inform the tenant of his or her right to be present at the move-out inspection, and the date and time of the inspection, to determine the amount of security deposit to be withheld. [MO 545.300.(5)]
If the landlord fails to follow Missouri landlord tenant law for deducting and returning security deposit, the tenant can recover up to two times the amount of security deposit. [MO 545.300.(6)]
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Kansas City, Missouri MO
The tenant has to pay the rent without demand or reminders. As long as the landlord and tenant are agreeable, they can choose the time, place and method of rent payment.
The landlord and tenant have to agree on the terms and conditions for rent payment in writing before the tenancy begins.
By default, rent is payable once the tenancy begins and shall be paid on the same day of every month. Rent is to be collected at the rental property.
There are no Missouri landlord tenant statutes on imposing charges for late rent payments.
There are no specific Missouri landlord tenant statutes on raising rent.
We recommend that the landlord and tenant work out the following details and include them in the rental agreement:
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The Missouri Landlord Tenant Act requires the landlord to maintain the property in a safe and habitable condition [Handbook]:
Missouri landlord tenant law also requires the tenant to keep the property in a clean and safe condition [Handbook]:
If the landlord fails to maintain the property, the tenant can make repairs and deduct the cost from rent if ALL of the following conditions are met [Handbook]:
The repairs cost should be less than half month's rent and the tenant has to keep all repair bills and receipts.
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There are no Missouri landlord tenant statutes on when and how the landlord can enter the property.
We recommend that the landlord and tenant work out the following details and include them in the rental agreement:
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Missouri landlord tenant law disallows subletting unless the landlord agrees to it in writing. [MO 441.030]
The landlord is allowed to double the rent amount if the tenant transfers the lease to another person without the landlord's permission. [Handbook]
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Saint Louis, Missouri MO
Missouri landlord tenant law requires you to give the other party a written notice to quit before terminating a tenancy. How long in advance you have to give this notice depends on the type of tenancy [MO 441.060] [MO 441.050]:
Tenancy at will |
1 month |
Tenancy at sufferance |
1 month |
Tenancy of less than one year |
1 month |
Month to month tenancy |
1 month |
Year to year tenancy |
60 days |
If you are the tenant, the following are the minimum number of days for giving your landlord a notice to quit:
Tenant is deployed in the armed forces |
15 days |
Property damage due to fire, disaster or unavoidable accident |
Missouri tenant law allows a member of the armed forces to terminate the tenancy agreement if ONE of the following conditions is met [Handbook]:
In this case, the tenant may terminate the rental agreement by giving the landlord with a written 15 days notice to quit. The landlord shall return the security deposit (after any deductions) to the tenant.
If the property is badly damaged by fire, disasters or unavoidable accidents, the tenant shall not have to pay rent for the remainder of the lease (as long as he or she isn't responsible for the damage)
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According to Missouri landlord tenant law, the following are valid reasons for evicting tenants and the minimum number of days for giving them a notice to quit:
Tenant did not pay rent |
Immediate |
Tenant violated tenancy agreement or didn't perform duties |
10 days |
Tenant allowed illegal activities on property |
10 days |
Tenant sublet or assigned property without landlord's permission |
10 days |
If the tenant did not pay rent on time, landlord can send the tenant a written notice to terminate the tenancy immediately. [MO 535.010]
If the tenant violates the lease agreement, the landlord can send the tenant a written ten day notice to vacate the premises. This notice has to state that the tenant has ten days to move out or the landlord shall file an eviction lawsuit with the court.
The landlord doesn't have to give the tenant a chance to fix the violation(s) so that he or she can continue staying on the property.
After proving that the tenant allowed illegal activity on the property, the landlord can evict the tenant by sending the tenant a written 10 day notice to vacate premises.
Examples of illegal activities include prostitution, illegal gambling and illegal production or sale of controlled substances. [MO 441.020]
After 10 days, the landlord may enter the property and take possession of it. [MO 441.040]
According to the Missouri Landlord Tenant Act, the tenant will need the landlord's written permission to sublet or assign the property UNLESS the lease term is longer than two years. If the tenant fails to follow Missouri landlord tenant law for subletting or assignment, the landlord can evict the tenant by sending the tenant a written 10 day notice to vacate premises. [MO 441.030]
After 10 days, the landlord may enter the property and take possession of it. [MO 441.040]
The court can order an immediate eviction of a tenant in the following situations [MO 441.740]:
According to Missouri landlord tenant law, the landlord CANNOT force the tenant to move out by shutting off utilities (electricity, water, gas, sanitation), changing the locks, taking the tenant's belongings or taking possession of the property by force without a court hearing. [MO 441.233]
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According to Missouri landlord tenant law, the tenant has abandoned the property when ALL of the following conditions are met [MO 441.065]:
*This written notice should contain the following:
"The rent on this property has been due and unpaid for thirty consecutive days and the landlord believes that you have moved out and abandoned the property. The landlord may declare this property abandoned and remove your possessions from this unit and dispose of them unless you write to the landlord stating that you have not abandoned this unit within ten days of the landlord having both posted this notice on your door and mailing this notice to you. You should mail your statement by regular first class mail and, if you so choose, by certified mail, return receipt requested, to this address . . . . . . . . . . . (here insert landlord's name and street address)"
Missouri landlord tenant law allows the landlord can remove or dispose any belongings that the tenant has abandoned. [MO 441.065]
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Missouri Landlord Tenant Law: Missouri Landlord and Tenant Act
Missouri Landlord Tenant Handbook: The Rights and Responsibilities of Landlords and Tenants