Missouri Landlord-Tenant Law and Regulations

Table Of Contents

• Missouri Landlord-Tenant Law: An Overview
• Missouri Landlord-Tenant Law: FAQs
• Landlord’s Rights & Responsibilities in Missouri
• Tenant’s Rights in Missouri
• Tenant’s Responsibilities in Missouri
• Missouri Eviction Laws

Missouri Landlord-Tenant Law: An Overview

• Missouri’s landlord-tenant law explains the rules for landlords and tenants. It lists their rights and responsibilities.
• It covers issues such as lease agreements, security deposits, evictions, and repairs.
• The law also prohibits discrimination against tenants based on factors such as race, gender, and disability.
• Landlords and tenants should know their rights and duties under Missouri’s landlord-tenant law. This helps prevent problems and keeps things fair and legal.

Missouri Landlord-Tenant Law: FAQs

Learn about the Missouri landlord-tenant law through the most commonly asked questions with their answers.

Lease Agreements

Can a landlord increase rent in Missouri?
Yes. Missouri law allows landlords to increase rent by any amount. However, landlords must comply with the terms of the lease and provide proper written notice before the increase takes effect.

Is Missouri a rent-controlled state?
No. Missouri does not have statewide rent control or rent stabilization laws, though some municipalities may have local ordinances.

How can a landlord terminate a lease in Missouri?
A fixed-term lease ends according to the terms stated in the lease agreement. A month-to-month lease requires at least 30 days’ written notice. If the tenant has lived in the unit for more than one year, 60 days’ notice is required.

Are there situations where a landlord must release a tenant from a lease?
Yes. A tenant may be released if the rental property becomes uninhabitable due to fire or casualty not caused by the tenant, if the tenant is called to active military duty, or if a court determines the landlord failed to meet legal obligations.

What happens if a tenant dies during the lease term?
If rent continues to be paid, the lease remains in effect. If rent is not paid, the landlord may terminate the lease and pursue unpaid rent from the tenant’s estate.

Can landlords enforce no-smoking policies?
Yes. Landlords may enforce a no-smoking policy if it is clearly stated in the lease agreement.

Security Deposits

What is the maximum security deposit allowed in Missouri?
Security deposits may not exceed two months’ rent. Pet deposits are allowed if clearly labeled and listed separately in the lease.

Are landlords required to keep security deposits in a separate account?
No. Missouri law does not require landlords to place deposits in a separate escrow account unless a property management company is holding the funds.

How long does a landlord have to return a security deposit?
Landlords must return the deposit or provide an itemized list of deductions within 30 days after the tenant vacates the unit or the landlord becomes aware the unit is vacant.

What deductions can be taken from a security deposit?
Funds may be withheld for unpaid rent or damages beyond normal wear and tear. Normal, non-abusive living conditions may not be deducted.

Evictions

How long does the eviction process take in Missouri?
Evictions typically take about 4–6 weeks, depending on court schedules and tenant response.

Can a landlord evict a tenant without warning?
Only in very limited circumstances, such as serious illegal activity. Most evictions require formal notice and court proceedings.

Can a landlord evict a tenant without a reason?
No. Missouri law requires landlords to have a legal reason for eviction.

What notice is required for nonpayment of rent?
Missouri law does not require a specific written notice before filing for eviction. Demand for rent may be verbal, and service of the court summons can serve as notice.

How much time does a tenant have to move after an eviction judgment?
Tenants have 10 days to vacate after a judge issues an eviction order. After that, the sheriff may carry out the eviction.

Can a landlord lock out a tenant after winning an eviction case?
No. Landlords must wait until the 10-day appeal period ends and then proceed through the sheriff to remove the tenant and change locks.

Repairs

How long does a landlord have to make repairs in Missouri?
Landlords generally have 14 days to address reported issues that affect habitability.

Can tenants withhold rent for repairs?
Rent withholding is allowed only in limited situations involving hazardous or unsanitary conditions, and tenants must have written documentation from a city inspector.

Is air conditioning required in Missouri rentals?
Missouri law does not require air conditioning, but landlords must maintain habitable conditions. Extreme heat without cooling may be considered a habitability issue.

Landlord-Tenant Relationship

Can landlords charge application, late, or returned payment fees?
Yes. Missouri places no limits on application or late fees. Returned payment fees are capped at $25 plus the bank’s actual charge.

What can tenants sue their landlord for in Missouri?
Tenants may sue for unlawful eviction, improper handling of security deposits, unsafe living conditions, interference with quiet enjoyment, or failure to make required repairs.

Can tenants sue for emotional distress?
Yes. Tenants may file civil claims if they believe they have been harmed.

Landlord’s Rights and Responsibilities in Missouri

The Missouri landlord-tenant law establishes the duties and privileges of landlords in relation to rental homes and renters.

1. Rent

Based on state laws, a landlord is permitted to raise the rent. Landlords are not permitted to arbitrarily raise the rent at any time for retaliation. If a tenant has a lease agreement, the landlord may not increase the rent until the end of the term of the agreement, unless otherwise specified in the agreement. Month-to-month agreements permit landlords to increase the rent or modify any other aspect of the contract as long as they provide adequate notice. In the majority of states, sufficient notice must be given in writing and sent by certified mail with at least 30 days’ notice.

2. Landlord’s Access To Property

A renter is granted sole use of the rented property when they sign a lease. As a result, unless otherwise permitted by the provisions of the rental agreement or applicable legislation, the landlord has no right to enter the property.

A landlord must generally give at least 24 hours’ notice before entering the property, and most jurisdictions forbid them from doing so unless they have a valid reason.

Landlords must notify their renters in advance if they plan to access the rental unit. Only in cases of an emergency, like a significant water leak or a fire, is a landlord allowed to enter a property without giving prior warning. State law may require a landlord to give 48 hours’ notice before accessing a rental property in some circumstances, although a tenant and landlord can agree to grant entry earlier if there is an urgent plumbing problem.

For instance, if the landlord is aware that the existing tenants are leaving the property, they are required to give 24 hours notice before accessing the rental property to perform repairs or display the unit to potential tenants.

While Florida only needs 12 hours’ notice, others like Alabama and Arizona demand two days’ notice. However, a 24-hour notice is usually sufficient in most scenarios.

3. Security Deposits

State regulations frequently place restrictions on the amount of security deposits that landlords may request. If a state has “no statutory restriction,” it indicates that there is no state statute limiting the amount of security deposit that a landlord may demand.

Security Deposits for different states:

Colorado, Florida, Indiana, Maryland, Oklahoma, Utah, and Vermont are examples of states without legislated limits.

States like Virginia allow a landlord to request a security deposit equal to up to two months’ worth of rent. Pennsylvania is a little more explicit; for the first year of tenancy, a landlord may request two months’ rent as a security deposit, one month’s rent for the second year, and no security deposit at all for any succeeding years. For a security deposit, the majority of states, including Rhode Island, New Hampshire, Massachusetts, Delaware, and Alabama, only permit the collection of one month’s rent. In California, a landlord has the right to demand that a renter give a security deposit equal to two months’ worth of rent for unfurnished properties and three months’ worth of rent for furnished properties.

Additionally, landlords are allowed to charge tenants with waterbeds an additional 1/2 month’s rent in California. In several states, landlords are permitted to demand an additional deposit from tenants who are bringing pets.

4. Repairs and Maintenance

Renters are entitled to immediate maintenance and repair from their landlords. Within 24 hours, serious concerns like heating or plumbing must be resolved. A landlord is required by the majority of municipal and state legislation to keep a property in livable condition. These specifications include: 

• a sufficient weatherproofing system to prevent leaks in the house, 
• enough heat
• access to electricity and water
• Clean, sanitary, and secure surroundings

The rented home must additionally be free of risks to one’s health. And finally, it needs to be adequately safeguarded against criminal intrusion.

The requirements for items like electrical wiring, the distance between porch railings, ventilation, and lighting, as well as the kinds of locks and keys needed for the property, carbon monoxide, and smoke detectors, are also governed by municipal building codes or housing regulations. For any infractions of fundamental landlord obligations, requirements and subsequent penalties are determined by local fire departments, health agencies, and housing authorities.

5. Lease Termination

Each state has very distinct laws governing how a landlord can end a tenancy. This varies depending on the cause of termination, which can include breaking a lease agreement or not making rent payments.

Unconditional Quit Notice: A few states permit landlords to evict renters without giving them a chance to make good on a lease violation. Legally, this is known as an unconditional quit notice.

For instance, landlords can give tenants an unconditional quit termination notice and specify how long they have to leave the premises before they file for eviction if tenants have frequently broken the terms of their lease, significantly damaged the rental property, or are discovered selling narcotics.

Depending on the offense, several sanctions may be applied to unconditional quit notices. Some states will immediately enforce the notice, while others won’t do so for three to five days. 

Below mentioned are a few examples of how unconditional quit notice is executed in different states:

• Illinois: A landlord may give a tenant an unconditional quit notice in Illinois and only allow them five days to vacate the premises.
• Arizona: In Arizona, if a tenant lied about having been evicted in the past, having a criminal record, or engaging in criminal conduct currently, the landlord may request that they vacate the premises within 10 days. The tenant may be ordered to vacate the property immediately if they engage in prostitution, homicide, selling illegal drugs, or violent street gang activity.
• District of Columbia: Only in cases where a judge finds that illegal activity was carried out in the rental property are landlords permitted to issue unconditional quit notices in the District of Columbia. An unconditional quit notice gives the tenant 30 days to vacate.

6. Eviction

A landlord may file for eviction after adhering to the state’s legislation for a termination due to a lease violation. The laws differ according to the state. For instance, In South Dakota, a landlord must provide the tenant three days’ notice to vacate the premises before bringing an eviction action. Landlords in California are permitted to issue a Three-Day Notice authorizing them to begin the eviction procedure. Here, you can find out more about state regulations and exemptions.

7. Discrimination

On the grounds of race, religion, ethnicity, sexual orientation, or gender, a landlord is not allowed to discriminate against a tenant or potential renter. 

8. Other Duties: 

• Abide with the lease’s terms, which include paying for certain utilities and giving the landlord functioning keys to the home.
• If the landlord is ending the lease, give the tenant sufficient notice. 
• Prior to renting the property, if required by the municipality, landlords should secure the necessary permissions and inspection certificates. The landlord is prohibited by local law from requiring the renter to pay for or get the certificate.
• Do not disrupt or interfere with utilities like gas, electricity, or water. 
• The landlord should give his or her business address to tenants.
• If the ownership of the property is transferred, give you notice of the change.

Tenant’s Rights in Missouri

Livable Property

Tenant rights in Missouri are governed by the rights of renters. A livable property is a right of tenants. This is known as an “implied warranty of habitability” in legalese. State statutes, as well as local regulations and any relevant local court rulings, serve as the legal foundation for an implied warranty or lawful standard of habitability.

As a renter, you have the right to inhabit a space that is fit for habitation. You have the right to contact your landlord without fear of consequences and request that they solve the issues if they aren’t fixed or if there is any damage while you are a tenant. In particular, landlords are obligated to address plumbing, safety, mold, and heating issues as soon as they arise.

Discrimination

A landlord is prohibited from treating a tenant or potential renter unfairly because of their race, religion, ethnicity, sexual orientation, or gender. You can report suspected illegal discrimination to the relevant state agency or launch a lawsuit if you think it is happening to you.

Privacy

Before a landlord visits the property or sends someone to the property for repairs, the tenant has the right to adequate notice. The renter has the sole authority to use and manage the property. Tenants have the right to grant access to visitors on their property.

Other Rights

A renter also has the right to prompt property upkeep and repairs. According to state law, tenants have the following rights: written notice of any rent increases; privacy from the landlord; and appropriate notice of lease modifications or termination. 

Tenant’s Responsibilities in Missouri

• Rent must be paid on time.
• To prevent bugs or rodents from drawing them inside, throw away waste and keep your house clean.
• Keep your house in good condition and avoid doing deliberate damage to it.
• Apply common sense when using plumbing, electricity, and appliances.
• Adhere to the lease’s conditions.
• Never annoy the other renters.
• Follow municipal ordinances. If the municipality demands that an occupant (you) get an occupation permit, do so.
• As long as the landlord provides you with adequate warning, you should permit access for repairs and for other genuine reasons.
• Make sure all regulations are followed by visitors to your home.
• Do not permit those who are not mentioned on your lease to reside with you if your lease has restrictions on who may do so.

Missouri Eviction Laws

• Missouri Eviction Laws: Govern the process landlords must follow to legally evict tenants.
• Notice Period: Landlords are required to provide tenants with a formal eviction notice, the duration of which varies based on the reason for eviction.
• Legal Reasons: Include non-payment of rent, violation of lease terms, or damage to property.
• Missouri Landlord Tenant Law: Stresses the importance of following legal procedures to ensure fairness.
• Court Process: If disputes arise, landlords must seek eviction through the court, providing evidence of the lease violation.
• Tenant Rights: Tenants have the right to contest evictions and present their case in court.

Understanding these basics ensures both parties know their rights and obligations under Missouri law.

Disclaimer: The information provided herein is intended as a general discussion of legal issues concerning landlord-tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.

Additional Missouri rental resources and a Landlord Forum for legal questions answered by our community of attorneys, landlords, and property managers are available as well.

Visit ezLandlordForms.com to learn everything you need to know about Florida Residential Landlord-Tenant Law and Colorado Landlord-Tenant Law. These articles contain detailed information about these laws. Feel free to check Landlord and Real Estate News here!