Are you a landlord in Missouri that wants to know more about the Missouri state statutes? Landlord tenant laws answer questions you may have like “Can a landlord enter without permission in Missouri?” and are essential for performing sensitive tasks like evictions correctly.
To protect the rights and interests of both tenants and landlords, Missouri landlord tenant law regulates their legal relationship. These laws help outline the duties of both sides in the Missouri rental contract.
As a rental property owner, it’s essential to make sense of these legal regulations. Whenever you face a dispute with your tenant, these laws provide an easy reference for solving the issue in many cases.
In the following paragraphs, we are going to look at the most important regulations regarding landlord-tenant relationships under Missouri law.
Missouri Security Deposit Law
Security deposits in Missouri consist of any monetary or property deposit that is given to you by a tenant to ensure the performance of any given part of the rental agreement. However, the security deposit doesn’t include charges for pets.
As a Missouri landlord, you can only charge your tenant a security deposit of up to two month’s rent. Exceeding that amount is illegal according to Missouri rental laws. You must hold that security deposit in a federally insured financial institution.
Some states and localities require you to place your tenant’s security deposit in an interest-bearing account. This is not the case in Missouri. In fact, according to Missouri security deposit law, if you earn interest on the security deposit, the resulting money is your personal property.
Tenants in Missouri are unable to use their security deposits to cover their previous month’s rent. In case of no deductions, you must return the security deposit within a 30-day period after the tenancy’s termination.
Whenever you make a deduction from the security deposit, it’s necessary to provide your tenant with an itemized list of damages. Each of these damages must be accompanied by the exact charged amount.
No general deduction is allowed. You need to be specific about the deductions, and the reductions have to be reflected in the MO Rev Stat § 535.300 (4).
The major reasons for security deposit deductions are as follows:
- Your tenant hasn’t paid rent
- Your tenant has created damages due to early termination of their tenancy
- Your tenant has damaged the rental unit in a way that isn’t regarded as ordinary wear and tear
- Your tenant has breached the lease agreement
Landlord’s Entry in Missouri
When it comes to state laws on landlord’s access to rental property, there aren’t specific notification principles under Missouri law. Unless the entry can be deemed malicious or harassing in court, you won’t have to serve your tenants with prior notification. However, if you have a clause about notification included in your rental agreement, Missouri landlord tenant law still requires you to adhere to it.
Rent Payments in Missouri
You can raise the rent after the lease period has ended. The exception covers “at-will” tenants if you provide enough notice. If you have a month-to-month lease, Missouri tenant laws dictate that you must provide thirty days' notice before the next rent payment’s due date.
You also have disclosed the rules regarding late fees in your Missouri rental contract. There is no state legislation on late fees. Missouri lease laws also do not regulate the frequency or amount of rent increases.
Fair Housing Principles in Missouri
Since the Fair Housing Act (FHA) is a federal statute, compliance is mandatory in the state of Missouri as well. The idea behind the FHA is simple: it was put in place to prevent discrimination in the housing market.
This Act lists protected classes whom you cannot discriminate against as a landlord in the U.S. These classes are protected against discrimination based on age, sex, and religion. In this context, discrimination means that a person from one of the protected classes receives different treatment from other people.
Let’s look at a few practical examples: Providing false information about the availability of rental housing is a discriminatory practice. Quoting a different price and making individual changes to the lease agreement are discriminatory actions as well.
Missouri Lease Termination Laws
There are justifiable reasons for legally breaking a lease in Missouri. These reasons are as follows:
- Active Military Duty
- Uninhabitable Rental Unit
- Harassment by the Landlord
- Early Termination Clause
- Serious Privacy Violations by the Landlord
When you have a fixed end date lease, Missouri renters’ rights dictate that your tenant doesn’t have to provide notice. As the last day of the lease arrives, the lease automatically expires. If your renter wants to terminate a month-to-month lease, Missouri landlord tenant law states that they must provide written notice one month before the next rent due date.
However, if you have a yearly lease with no end date, the tenant must provide a written notice 60 days before the year ends.
In Missouri, landlords need to take steps to occupy their units after a tenant breaks the lease. The duty to mitigate damages applies to all the landlords in Missouri. As a rental owner, you must take reasonable steps to occupy your unit instead of charging the total rent due straight away.
Evictions in Missouri
There are three main reasons that give you legal ground to pursue an eviction in Missouri as a rental owner.
- Lease Term Violations: Whenever your tenant violates the lease terms, you can issue a 10-Day Notice to Cure or Quit. In case of further tenant non-compliance, you can pursue eviction.
- Nonpayment of Rent: Missing rent payments means that you can proceed with an immediate eviction. Just consider the grace period if you have one in place.
- Illegal Behavior: Assault, prostitution, possession and/or sale of drugs, or illegal gambling means that you can file a 10-Day Notice to Quit. If that doesn’t have results, you are able to file for an Unlawful Detainer as the next step.
The Bottom Line
Making sense of the Missouri landlord tenant law is essential if you own at least one rental unit. Learning about the tenant rights and responsibilities, as well as your rights and responsibilities as a landlord, allows you to make the right choices and settle legal disputes correctly.
If you have further questions about Missouri landlord tenant laws, contact Pro X Property Management today!
Disclaimer: This article is not meant to serve as a substitute for professional legal advice. If you need legal assistance, contact a professional property management company or an lawyer.