Overview of Landlord-Tenant Laws in Missouri

Missouri laws govern much of the landlord-tenant relationship, including security deposits, late rent, and evictions. Here's a breakdown of key laws that affect nearly all Missouri landlords and tenants.

Missouri Rental Application and Tenant Screening Laws

Missouri law regulates very little of the tenant application and screening process.

Application Fees

There is no law in Missouri that prohibits landlords from charging an application fee.

Tenant Screening Reports

A tenant screening report is a credit report, criminal background report, employment history report, or rental history report that a landlord uses to determine whether an applicant would be an acceptable tenant. Missouri landlords are free to charge reasonable amounts for tenant screening reports.

Criminal History Screening

Missouri does not have a state law prohibiting landlords from considering applicants' criminal histories. However, landlords must still be careful. When landlords consider applicants' criminal history, they must do so in a consistent, nondiscriminatory manner. If a landlord's practice of considering criminal history has a discriminatory effect—for example, if the landlord asks only applicants of a certain color for criminal history information—the landlord is engaging in illegal discrimination and can be subject to penalties. Also, landlords can reject applicants only for past convictions that are directly related to the application—in other words, convictions that have a negative bearing on a legitimate business concern of the landlord.

Fair Housing Laws

All landlords need to follow federal and state antidiscrimination laws when screening applicants for a rental. Federal fair housing laws prohibit landlords from discriminating on the basis of:

• race or color
• religion
• national origin
• familial status or age (includes families with children under the age of 18 and pregnant women)
• disability or handicap, and
• sex (includes gender identity and sexual orientation).

The Missouri Human Rights Act adds ancestry to the list of categories protected from illegal discrimination. (Mo. Rev. Stat. § 213.040 (2024).)

For more information about Missouri's fair housing laws, see the Department of Labor & Industrial Relations' Discrimination in Housing website.

Missouri Security Deposit Laws

Missouri law limits the amount of security deposit a landlord can charge to two months' rent. (Mo. Rev. Stat. § 535.300(1) (2024).)

How Landlords Must Hold Security Deposits

Landlords must hold security deposits in a bank, credit union, or depository institution that's insured by an agency of the federal government. (Mo. Rev. Stat. § 535.300(2) (2024).)

Security Deposit Return

Missouri landlords must notify tenants in writing of the date and time when the landlord will inspect the rental for purposes of determining whether any security deposit will be withheld. The inspection must be performed at a reasonable time, and the tenant has the right to be present. (Mo. Rev. Stat. § 535.300(5) (2024).)

Within 30 days of the end of the tenancy, the landlord must either:

• return the full amount of the security deposit, or
• provide the tenant with a written itemized list of the damages that the landlord is withholding money for, along with any remaining deposit.

(Mo. Rev. Stat. § 535.300(3) (2024).)

Missouri law excludes money deposited for a pet from the definition of "security deposit," so pet deposits are not subject to these rules. (Mo. Rev. Stat. § 535.300(8) (2024).)

If a landlord wrongfully withholds any of the security deposit, they will be liable to the tenant for two times the amount wrongfully withheld. (Mo. Rev. Stat. § 535.300(6) (2024).)

Required Landlord Disclosures in Missouri

In many states, landlords must disclose specific information to tenants and potential tenants. Missouri landlords must disclose information about:

• Methamphetamine: A landlord who knows that the rental was used to produce methamphetamine must disclose this fact to prospective tenants, regardless of whether the people involved in the production were convicted for the production. (Mo. Rev. Stat. § 441.236 (2024).)
• Owner or agent identity: At or before the beginning of the tenancy, landlords must disclose to tenants the name and address of the person authorized to manage the rental, and an owner of the rental or a person authorized to act on behalf of the owner for the purpose of service of process and for the purpose of receiving notices and demands. (Mo. Rev. Stat. § 535.185 (2024).)
• Radioactive or hazardous material: Landlords who know that the rental property is or was contaminated with radioactive or other hazardous material must disclose this fact to prospective tenants. Landlords have knowledge when they've received a report stating that the property is or was contaminated. Failure to disclose when required is a Class A misdemeanor. (Mo. Rev. Stat. § 442.055 (2024).)

In addition, landlords in all states must follow federal lead-based paint disclosure rules.

Missouri Late Fees and Other Rent Rules

In Missouri, rent is due on whatever day the landlord and tenant agree to. (Mo. Rev. Stat. § 535.060 (2024).)

Grace Periods and Late Fees

Missouri does not require landlords to give tenants a grace period for paying rent. However, a landlord and tenant can agree in the lease or rental agreement that there will be a grace period.

Missouri landlords can charge late fees, and there is no cap on how much they can charge. Most judges won't enforce unreasonable late fees, though. In general, a late fee will be considered reasonable as long as it doesn't exceed 4%-5% of the rent and has an upper limit.

Rent Increases

Missouri landlords can't raise the rent during the term of a lease unless the lease specifically allows them to do so.

For month-to-month tenancies, Missouri law doesn't specify the amount of notice landlords must give to raise the rent. A reasonable amount of notice would likely be the same length of time that the agreement is for: 30 days.

Missouri Landlords Must Provide Habitable Rentals

Like landlords in all states, Missouri landlords must provide rentals that are safe and fit for human habitation. This duty is implied in all leases and rental agreements, and is known as the "implied warranty of habitability." (King v. Moorehead, 495 S.W.2d 65 (Mo. Ct. App. 1973).) Specifically, Missouri landlords must maintain the habitability, sanitation, and security of the rental, in accordance with local municipal housing and building codes. (Mo. Rev. Stat. § 441.234 (2024).)

Tenant Rights to Repair and Deduct or Withhold Rent in Missouri

Missouri tenants have options when there is a problem at the rental.

Right to Repair and Deduct

When a landlord allows a condition on the premises that detrimentally affects the habitability, sanitation, or security of the rental, and the condition violates a local municipal housing or building code, the tenant might have the right to repair and deduct the cost of the repair from the rent.

The tenant must notify the landlord that they plan to make the repair at the landlord's expense. The landlord has 14 days to make the repair. If the landlord doesn't make the repair, the tenant can have the repair made. The cost of the repair must be less than $300 or one-half of the rent, whichever is greater—but it can't be more than one month's rent. The tenant must submit an itemized statement of the work done—with receipts—to the landlord.

If, within the 14-day notice period, the landlord objects to the work, the tenant must get a written certification from the local municipality or government entity that the condition is a code violation.

(Mo. Rev. Stat. § 441.234 (2024).)

Right to Withhold Rent

When a breach of the implied warranty of habitability has occurred, the tenant may withhold rent. The breach must be material and affect health and safety, such as faulty wiring in an apartment. The tenant must first give the landlord notice of the problem and a reasonable opportunity to repair it. The tenant should keep the unpaid rent in a separate bank account or deposit with the court until the matter is resolved. (King v. Moorehead, 495 S.W.2d 65 (Mo. Ct. App. 1973).)

Small Claims Lawsuits in Missouri

If you find yourself in a battle over a security deposit or repairs, small claims court is a good place to bring your grievance. Small claims courts in Missouri can hear cases in which the plaintiff—the person suing—isn't asking for more than $5,000.

Small claims court procedures tend to be simpler than those of regular courts, and, although Missouri allows parties to have lawyers, many people represent themselves.

Missouri Termination and Eviction Rules

Missouri landlords must follow very specific rules and procedures to terminate a tenancy and then, if necessary, file an eviction lawsuit.

Notice of Termination for Cause

A landlord who wants to evict a tenant in Missouri before the lease or rental agreement has expired must have cause—in other words, a legally valid reason to terminate the tenancy. Common reasons for terminating a tenancy in Missouri include failing to pay rent or violating the lease or rental agreement.

When a landlord wants a tenant to leave for cause, the landlord must first terminate the tenancy. This is done by giving the tenant notice. The type of notice depends on the situation.

• Notice to pay rent or quit: Missouri takes a harsh approach to renters who haven't paid rent. Before filing an eviction lawsuit, landlords must make a written demand for rent from the tenant. The law doesn't specify how long the landlord must give the tenant to pay the rent. However, landlords and tenants should check the lease or rental agreement to see if it gives any guidelines. If the tenant doesn't pay rent by the deadline in the demand, the landlord can file an eviction lawsuit. (Mo. Rev. Stat. § 535.060 (2024).)
• 10-day unconditional notice to quit: Missouri landlords can give tenants a 10-day unconditional notice to quit—meaning the tenant doesn't have any chance to remedy the situation—when the tenant:
  • violates the lease or rental agreement
  • commits waste at the rental
  • assigns or sublets the rental without the landlord's permission; or
  • uses the rental for gambling, prostitution, or drug use or dealing.

The notice must state why the landlord is terminating the tenancy. If the tenant doesn't move out by the end of the 10 days, the landlord can file an eviction lawsuit. (Mo. Rev. Stat. §§ 441.020, 441.030, and 441.040 (2024).)

Notice of Termination Without Cause

The process for ending a tenancy without cause depends on the type of tenancy.

Ending a Month-to-Month Tenancy Without Cause

If the tenant has a written month-to-month rental agreement, and the landlord wants the tenant to move out but doesn't have cause to end the tenancy, the landlord must give the tenant one month's written notice. If the tenant doesn't move out by the deadline in the notice, the landlord can file an eviction lawsuit. (Mo. Rev. Stat. § 441.060 (2024).)

Ending a Tenancy With a Long-Term Lease Without Cause

When a landlord wishes to end a fixed-term lease but doesn't have cause to evict the tenant, the landlord has to wait until the lease has expired before expecting the tenant to move. The landlord isn't required to give the tenant notice of the approaching end of the tenancy unless the terms of the lease require it. (Mo. Rev. Stat. § 441.070 (2024).)

Tenant Defenses to Eviction

Even though a landlord might have a valid reason to evict a tenant, the tenant can still choose to fight the eviction. For example, the tenant could claim that the eviction is the result of the landlord illegally discriminating, or is in retaliation for the tenant exercising a legal right.

Missouri law also allows special protections for tenants who have experienced family violence or sexual assault. Some of these protections might provide a tenant with a defense against eviction. (Mo. Rev. Stat. § 441.920 (2024).)

A tenant's decision to fight the eviction could increase the costs of the eviction, and it could result in the tenant having more time to remain in the rental. For these reasons, it's often in the best interests of both the tenant and the landlord to try to negotiate a compromise rather than head to court. Mediation is a common way for landlords and tenants to work issues out—check to see if your community has a low-cost or free housing mediation program.

Illegal Evictions

In most situations, under Missouri law, landlords can't take self-help measures to evict a tenant. For example, a landlord can't exclude the tenant from the rental or willfully cut services such as heat, running water, hot water, electricity, gas, or other essentials. A landlord who does these things can be found guilty of unlawful detainer. (Mo. Rev. Stat. § 441.233 (2024).)

Missouri Rules About Landlords' Access to Property

Although Missouri statutes don't address when and how landlords can enter a rental, it's always okay for a landlord to enter with the tenant's consent or when there's a reasonable belief that there's imminent danger to lives or property.

Otherwise, in the absence of an emergency, landlords should give tenants reasonable notice before entering a rental for other purposes, such as an inspection or to show the rental to prospective tenants. Reasonable notice is typically at least 24 hours. Entry should be made only at reasonable times, which might be when the tenant gives permission or during regular business hours.

Where to Find Missouri Landlord-Tenant Laws

If you want to read the text of a law itself, see the website of the Missouri Revisor of Statutes.

Local Ordinances Affecting Missouri Landlords and Tenants

Cities and counties often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and anti-discrimination rules that affect landlords and tenants. Many municipalities have websites—just search for the name of a particular city in Missouri and then search when you're on the site.

Municode is a good source for finding local governments online. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in Missouri.

Federal Landlord-Tenant Laws and Regulations

Congress and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have enacted laws and regulations that apply to the landlord-tenant relationship in Missouri. These laws and regulations address topics such as discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.

The U.S. Code is the starting place for most federal statutory research. It consists of 53 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations ("CFR"). To access the U.S. Code and Code of Federal Regulations online, see the federal section of the Library of Congress's legal research site.

Nolo Resources on Legal Research and Landlord-Tenant Law

For more information on legal research, check out Legal Research: How to Find & Understand the Law, by Stephen Elias (Nolo). This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information.

You'll also find a wealth of information in Nolo's landlord-tenant books.

For landlords:

• Every Landlord's Guide to Finding Great Tenants
• Every Landlord's Legal Guide
• Leases & Rental Agreements
• Every Landlord's Tax Deduction Guide
• First-Time Landlord
• Every Landlord's Guide to Managing Property

For tenants:

• Renters' Rights
• Every Tenant's Legal Guide