Missouri Standard Residential Lease Agreement

1. Introduction

A Missouri standard residential lease agreement is a legally binding contract that establishes the terms and conditions of a rental arrangement between a landlord and tenant for residential property. This document governs the rights and responsibilities of both parties throughout the tenancy period.

Missouri residential leases typically include provisions for rent payments, security deposits, maintenance responsibilities, and termination procedures. The agreement is governed by Missouri Revised Statutes, primarily Chapter 441 (Landlord and Tenant) and Chapter 535 (Landlord-Tenant Actions).^[1]

Legal Framework

Missouri landlord-tenant relationships are governed by two primary chapters of the Missouri Revised Statutes:

Chapter 441 - Landlord and Tenant: This chapter addresses general provisions including definitions, covenant obligations, lease termination, tenant abandonment procedures, and landlord remedies.^[1]

Chapter 535 - Landlord-Tenant Actions: This chapter covers procedural matters including eviction processes, security deposit regulations, and court procedures for landlord-tenant disputes.^[2]

Required Disclosures

Missouri law mandates that landlords provide certain disclosures to tenants before or at the commencement of a lease. Failure to provide these disclosures may affect the landlord's legal rights and remedies.

Lead-Based Paint Disclosure (federal Requirement)

For properties built before 1978, federal law requires landlords to disclose known information about lead-based paint and lead-based paint hazards. This requirement applies to most residential housing and includes:^[3]

• Providing the EPA pamphlet "Protect Your Family from Lead in Your Home"
• Disclosing any known lead-based paint or lead-based paint hazards
• Providing records and reports on lead-based paint hazards
• Including a Lead Warning Statement in the lease agreement

Methamphetamine Production Disclosure

Under Missouri Revised Statutes Section 441.236, landlords must disclose in writing to prospective tenants if the property was previously used as a site for methamphetamine production, provided the landlord has knowledge of such prior production. This disclosure is required regardless of whether the persons involved in the production were convicted.^[4]

Names and Addresses Disclosure

Under Section 535.185, landlords must disclose in writing to tenants at or before the commencement of the tenancy the name and address of:^[5]

1. The person authorized to manage the premises
2. An owner of the premises or a person authorized to act for and on behalf of the owner for purposes of service of process and receiving notices and demands

Failure to comply with this requirement makes the non-compliant person an agent of the landlord for service of process, receiving notices, and performing landlord obligations.

Security Deposits

Missouri law provides specific requirements regarding security deposits under Section 535.300 of the Missouri Revised Statutes.^[6]

Maximum Amount

A landlord may not demand or receive a security deposit in excess of two months' rent. This limit applies to the total amount collected, regardless of how it is labeled (security deposit, damage deposit, etc.).^[6]

Holding Requirements

Return of Security Deposit

Within 30 days after the termination of the tenancy, the landlord must:^[6]

• Return the full amount of the security deposit; OR
• Furnish to the tenant a written itemized list of damages for which the deposit is withheld, along with any remaining balance

The landlord complies with this requirement by mailing the statement and any payment to the tenant's last known address.

Permissible Deductions

Landlords may withhold from the security deposit only amounts reasonably necessary for:^[6]

1. Remedying tenant's default in payment of rent due under the rental agreement
2. Restoring the dwelling unit to its condition at commencement of tenancy, ordinary wear and tear excepted
3. Compensating for actual damages from tenant's failure to give adequate notice to terminate

Special Note on Carpet Cleaning: If the rental agreement includes provisions for carpet cleaning fees, landlords can withhold such amounts. Within 30 days of the end of tenancy, the landlord must provide the tenant with a receipt for actual carpet cleaning costs.

Penalty for Wrongful Withholding

If a landlord wrongfully withholds all or any portion of the security deposit, the tenant may recover damages equal to twice the amount wrongfully withheld.^[6]

Pre-Move-Out Inspection

The landlord must give the tenant reasonable written notice at the tenant's last known address (or in person) of the date and time when the landlord will inspect the dwelling unit. The inspection must be held at a reasonable time, and the tenant has the right to be present.^[6]

Rent Payment

Grace Period

Missouri law does not require landlords to provide a grace period for rent payments. Rent is considered late the day after its due date unless the lease agreement specifies otherwise. Landlords may begin eviction proceedings immediately after rent becomes due and unpaid.

Late Fees

Missouri does not set a statutory maximum for late fees. However, any late fee charged must be explicitly stated in the lease agreement. Courts may find excessive late fees unenforceable as penalties rather than reasonable liquidated damages.

NSF (bounced Check) Fees

Under Section 570.120 of the Missouri Revised Statutes, the following fees apply to returned checks:^[7]

• $25 for check amounts less than $100
• $50 for check amounts less than $250
• $75 or 10% (whichever is greater) for check amounts of $250 or more

Rent Withholding Rights

Under Section 441.234, tenants who have lawfully resided on the premises for six consecutive months, paid all rent and charges during that time, and received no written notice of lease violations that remained uncured, may withhold rent for necessary repairs under the following conditions:^[8]

• The condition affects habitability, sanitation, or security
• The condition violates a local housing or building code
• The reasonable repair cost is less than $300 or half of monthly rent (whichever is greater), but not exceeding one month's rent
• The tenant notified the landlord in writing and the landlord failed to correct within 14 days

Lease Termination and Eviction

Notice Requirements

Year-to-Year Tenancy: Under Section 441.050, tenancies from year to year may be terminated by 60 days' notice in writing before the end of any year.^[9]

Month-to-Month Tenancy: Under Section 441.060, month-to-month tenancies may be terminated by one month's notice in writing.^[10]

Week-to-Week or At-Will Tenancy: These may be terminated by giving notice equal to the interval between rent payments.^[10]

Grounds for Eviction

Non-Payment of Rent: Missouri does not require prior written notice before filing for eviction for nonpayment. However, a demand for rent must be made before filing suit.^[2]

Lease Violations: Landlords must provide a 10-day notice to quit for lease violations. Missouri law does not require landlords to allow tenants to cure violations.

Illegal Activity: For drug-related or other criminal activity, landlords may pursue expedited eviction proceedings under Sections 441.710-441.880.^[11]

Self-Help Evictions Prohibited

Under Section 441.233, landlords may not unlawfully remove or exclude tenants from the rental property. Self-help evictions (changing locks, removing doors, shutting off utilities) are prohibited. Landlords who engage in unlawful removal or exclusion may be liable to the tenant for damages and court costs.^[12]

Abandonment

Under Section 441.065, abandonment of rental premises occurs when a tenant has been absent from the premises for 30 consecutive days without notice to the landlord and rent is unpaid. Upon abandonment, the landlord may enter and take possession of the property.^[13]

Landlord Obligations

Missouri landlords have various statutory and common law obligations including:

• Maintaining the premises in a habitable condition
• Complying with housing and building codes
• Providing required disclosures (lead paint, meth production, owner information)
• Following proper eviction procedures through the courts
• Properly handling and returning security deposits
• Maintaining heat-related utility services in master-metered multi-tenant dwellings (Section 441.650)^[14]

Tenant Obligations

Tenants in Missouri have the following general obligations:

• Paying rent as agreed in the lease
• Complying with all lease terms and conditions
• Maintaining the premises in a clean and sanitary condition
• Not causing damage beyond normal wear and tear
• Not using the premises for illegal purposes^[15]
• Providing proper notice before vacating
• Not assigning or subletting without consent (under Section 441.030)^[16]

Domestic Violence Protections

Under Section 441.920, Missouri provides protections for victims of domestic violence, sexual assault, or stalking. Landlords may not discriminate against tenants based on their status as victims. Lease provisions that waive these protections are void and unenforceable.^[17]

Recent Legal Updates

Eviction Moratorium Restrictions (2024): Effective August 28, 2024, Section 535.012 prohibits local governments from issuing eviction moratoriums without state approval. This legislation was enacted in response to COVID-19 era local eviction moratoriums.^[18]

Essential Lease Terms

A comprehensive Missouri residential lease should include:

1. Parties: Full legal names of landlord(s) and tenant(s)
2. Property: Complete address and description of the rental premises
3. Term: Start date, end date, and type of tenancy (fixed-term or month-to-month)
4. Rent: Amount, due date, acceptable payment methods, and location for payment
5. Security Deposit: Amount (not exceeding two months' rent) and return conditions
6. Late Fees: Any late payment penalties (must be explicitly stated)
7. Utilities: Which utilities are included and which are tenant's responsibility
8. Maintenance: Respective responsibilities of landlord and tenant
9. Occupancy: Who may reside in the property and guest policies
10. Pets: Pet policies and any associated deposits (pet deposits are not subject to the two-month limit)
11. Required Disclosures: Lead paint, meth production history, and owner/manager contact information
12. Termination: Notice requirements and procedures for ending the tenancy