What Is a Missouri Lease Agreement?
A Missouri lease agreement is a rental document that outlines the conditions under which a landlord rents their property to a tenant. It identifies the parties’ contact details, the premises’ address, and specific disclosures. It also clarifies the rent amount, upkeep, and rental period.
The landlord and the tenant refer to a Missouri lease for legal clarity. It outlines their rights and duties, ensuring the expectations are clear. If a dispute arises, this document can guide their course of action and act as evidence in legal proceedings if needed.
Missouri Landlord-Tenant Laws Overview
A landlord must write a Missouri lease agreement that complies with the state’s landlord-tenant laws. Below, you can explore an overview of the key regulations.
| Topic | Rule | Law |
|---|---|---|
| Security Deposit Maximum | Two months' rent | MO Rev Stat § 535.300(1) |
| Security Deposit Return | Within 30 days of the end of the lease | MO Rev Stat § 535.300(3) |
| Wrongful Withholding of the Security Deposit | Tenant can recover double the amount of damages | MO Rev Stat § 535.300(6) |
| Rent Control | Not allowed | MO Rev Stat § 441.043 |
| Grace Period | None | n/a |
| Late Fee Maximum | No cap on late fees | n/a |
| Landlord Entry | No state-mandated minimum notice period | n/a |
Types of Missouri Lease Agreements
You can choose a specific type of Missouri lease agreement to fit your situation. From a month-to-month lease to a room rental agreement and everything in between, Legal Templates offers a range of customizable contracts.
Missouri Standard Lease Agreement
Outlines the responsibilities and obligations of both the landlord and tenant for renting a residential property.
Missouri Commercial Lease Agreement
Lets a landlord rent a commercial space to a business entity.
Missouri Rent-to-Own Lease Agreement
Permits a tenant to buy a landlord's property if they'd like after their tenancy is over.
Missouri Month-to-Month Rental Agreement
This agreement renews on a monthly basis, without a predetermined end date.
Missouri Sublease Agreement
Establishes a secondary leasing arrangement while the primary tenant's responsibility to the original landlord remains.
Missouri Room Rental Agreement
Outlines living arrangements and financial responsibilities among cohabiting individuals.
Missouri Security Deposit Requirements
Missouri Revised Statutes § 535.300 imposes restrictions on the security deposit terms a landlord can put in a Missouri residential lease agreement. For example, the landlord cannot ask for more than two months’ rent as a security deposit. Other regulations include the following:
- Security deposit storage. The landlord must store the security deposit in a bank insured by a federal government agency (MO Rev Stat § 535.300(2)).
- Security deposit return. The landlord must return the security deposit within 30 days from the end of the lease (MO Rev Stat § 535.300(3)).
- Security deposit withholding rules. The landlord can withhold amounts for unpaid rent and damages beyond ordinary wear and tear (MO Rev Stat § 535.300(4)). Within 30 days, the landlord must provide an itemized list of damages and the corresponding costs.
- Wrongful withholding. If the landlord wrongfully withholds the deposit, the tenant can recover double the amount in damages (MO Rev Stat § 535.300(6)).
Missouri is less strict than some other states, as it does not require landlords to pay interest payments to tenants.
Rent Payment Regulations in Missouri
Rent is due at the dwelling unit at the beginning of the month unless the lease specifies otherwise. MO Rev Stat § 441.043 bans cities from implementing rent control, so there’s no upper limit on the amount a landlord can charge.
Landlords can charge reasonable late fees as long as they’re outlined in the lease, but there’s no state-mandated cap. There’s no grace period in the state, but a Missouri lease agreement can outline one if the landlord and tenant agree to it. Without a lease-defined grace period, rent is due immediately, and a landlord can send an eviction notice for nonpayment of rent (MO Rev Stat § 535.010).
If a tenant is living in a state of disrepair caused by the landlord’s inaction, they may be able to deduct rent. To qualify, the tenant must have resided in the rental property for six consecutive months, paid all rent, and not violated lease terms (MO Rev Stat § 441.234(1)).
At this point, they may deduct repair costs from their rent if a habitability issue exists that violates local codes. The repair cost must be less than $300 or half of the rent, whichever is greater, and cannot exceed one month’s rent. The tenant must notify the landlord and allow 14 days for the repair to be made. If the landlord disputes the repair, the tenant must obtain a certification from local authorities before proceeding (MO Rev Stat § § 441.234(2)).
Landlord Right of Entry in Missouri
Missouri doesn’t have a statute dealing with a landlord’s right of entry, so a landlord is not required to give notice to the tenant before entering the premises. Most landlords will provide a courtesy notice of at least 24 hours, but they may enter the property in an emergency, such as a serious water leak, without notice.
A landlord cannot exclude a tenant from the premises without judicial process and court order (MO Rev Stat § 441.223).
Property Maintenance Responsibilities in Missouri
Missouri has an implied warranty of habitability for landlords. This means that they must make the property habitable for tenants, refrain from turning off a tenant’s services, and take responsibility for normal wear and tear.
Tenants also have implied duties, which include exercising reasonable care, mitigating property damage, and disposing of garbage regularly. They should also avoid subleasing or accepting additional occupants without obtaining the landlord’s permission. This precaution controls who uses the property and can limit unnecessary damage.
Required Lease Disclosures in Missouri
A Missouri residential lease agreement must disclose the following information:
- Lead-based paint hazard. If a landlord is renting a house that was built before 1978, they must warn potential tenants of exposure to lead-based paint (42 US Code § 4852d).
- Notice of illegal substance contamination. If a landlord knows that their building was used to produce methamphetamine in the past, they must tell a potential tenant (MO Rev Stat § 441.236).
- Identification. Before a tenancy begins, the landlord must provide the tenant with the names and addresses of the owner and property manager (MO Rev Stat § 535.185).
Terminating a Lease in Missouri
A landlord can terminate a month-to-month tenancy by providing the tenant with a 30-day written notice.
If the tenant hasn’t paid rent for thirty days and the landlord believes they’ve abandoned the property, they may consider the property abandoned and remove the tenant’s belongings. To prevent this, the tenant must notify the landlord within ten days of receiving their notice, both by regular and optionally by certified mail (MO Rev Stat § § 441.065).
Sample Missouri Lease Agreement
View a sample Missouri lease agreement to learn how to structure yours. When you’re ready, use Legal Templates’s guided form to create your own. Download as a PDF or Word file.