Missouri Housing Rental Laws
In 1997, the Missouri General Assembly enacted additional laws governing the state's landlord and tenant relationships. The changes give landlords further rights against their tenants who violate their lease agreements and provide tenants with further rights against unresponsive landlords.
Security Deposits
Landlords cannot charge their tenants more than two months of rent for upfront deposits. Missouri law gives them 30 days to return their tenants' security deposits. If he deducts from a tenant's security deposit, the landlord must provide the tenant with a written itemization of damages and deductions. A landlord must provide each of his tenants with notice of when he plans to conduct a post-occupancy inspection to document damages within the 30-day period, and the tenant has a right to witness the inspection. Landlords may keep rent for unpaid rent and damages beyond normal wear and tear. Missouri law does not allow tenants to use their deposits toward payment of the final month's rent. Tenants have the right to recover damages equal to two times the amount illegally withheld from their landlords who fail to provide notice or return their deposits within 30 days.
Oral Contracts
Missouri law allows the use of both oral and written lease agreements. However, landlords who enter into oral agreements with their tenants form month-to-month tenancies. The landlord and tenant laws in Missouri allow monthly tenants and landlords to terminate their agreement with only one month's notice to the other. Their notices must be in writing and within one full month before the next rental term begins. Landlords may raise rent with only one month's written notice.
Military Tenants
Active-duty military tenants can terminate their leases with only 15 days' written notice in certain circumstances. If they receive a discharge from active duty, receive permanent station change orders, receive temporary station change orders to stations at least 25 miles away and for at least 90 days or receive orders to live in military barracks, they can terminate their leases before the end of their lease terms.
Subleasing Laws
Missouri law allows tenants to enter into subleasing arrangements if they obtain their landlords' approval. Subleasing allows them to move out before the end of their lease terms. However, tenants remain legally liable to the landlords under their original lease agreements. Landlords have the right to double the amount of rent when tenants sublease without permission.
Limited Rights to Deduct
Missouri law allows tenants a limited equitable "repair and deduct" remedy against landlords who fail to provide necessary repairs. Tenants may repair defects and deduct the costs of repair from future rent payment only if they are not delinquent in rent or violation of their leases. Additionally, they must have lived in their apartments for six months or more, have given the landlord at least 14 days to remedy the problem after notifying them, and if requested by their landlords, received notification from city inspectors of an existing code violation. Tenants can use the remedy only once annually and may only deduct up to $300 of monthly rent or half a month of rent.
Considerations
Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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