Missouri Landlord-Tenant Law

The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section: (1) 'Landlord' means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by this chapter; (2) 'Tenant' means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others; (3) 'Dwelling unit' means a structure or the part of a structure that is used as a home, residence, or sleeping place by one or more persons; (4) 'Rental agreement' means all agreements, written or oral, embodying the terms and conditions concerning the use and occupancy of a dwelling unit.

No action shall be maintained on any lease of lands or tenements, or for the use or occupation of any lands or tenements, for a longer time than one year, unless such lease or contract, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some person thereunto by him lawfully authorized.

If any tenant for life or years, or other person who shall come into possession of any lands, tenements, or hereditaments, by, from, or under, or by collusion with such tenant, shall commit or suffer any waste or destruction thereon, the person so offending shall be subject to an action of waste, and in certain cases the landlord may re-enter and hold the premises discharged from the lease. A landlord may double the amount of rent charged if a tenant sublets or assigns a lease without the landlord's written consent.

If any tenant shall give notice of his intention to quit the premises held by him, and shall not deliver up the possession thereof, at the time specified in such notice, such tenant, his executors or administrators, shall thenceforth pay to the landlord double the rent reserved by the lease, and the landlord may re-enter and recover possession of the premises.

No county or municipality shall enact any ordinance or resolution that establishes, limits, or otherwise regulates the amount of rent that may be charged for dwelling units. This section does not apply to properties owned or operated by a governmental entity, or to housing constructed or substantially rehabilitated using public funds.

All tenancies from year to year may be determined by either party giving notice in writing to the other party, at any time, not less than sixty days before the end of the year of tenancy, of his intention to terminate such tenancy; and such tenancy shall terminate at the end of the year of the tenancy, at the end of which such notice expires.

All contracts or agreements for the leasing, renting or occupation of stores, shops, houses, tenements or other buildings in cities, towns or villages, not made in writing, signed by the parties thereto, or their agents, shall be held and taken to be tenancies from month to month, and all such tenancies may be terminated by either party thereto giving to the other party one month's notice, in writing, of the party's intention to terminate such tenancy. The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other party stating that the tenancy shall terminate upon a periodic rent-paying date not less than one month after receipt of the notice.

If a tenant abandons a rental premises, the landlord may, after complying with required notice provisions, remove and store the tenant's property remaining on the premises. The landlord must provide written notice to the tenant's last known address and any person the tenant designated for emergency contact. If the tenant fails to claim the property within the time stated in the notice, the landlord may dispose of the property. The landlord may deduct from the tenant's security deposit the costs of storage and disposal.

No notice to quit shall be necessary from or to a tenant whose term is to end at a day certain by the very terms of the contract of hiring, or to a tenant who holds over after the expiration of his term.

If any tenant, whose term has ended, shall hold over and pay rent, or if the landlord shall accept rent for any time after the end of the term, such holding over, without any other evidence of the parties' intentions, shall be construed to be a tenancy from month to month, subject to all the terms of the original lease so far as they are applicable to a month-to-month tenancy.

Any landlord or landlord's agent who willfully and without legal justification removes or excludes a tenant from the rented premises, or who willfully and without legal justification diminishes any service to the tenant, including interrupting or causing the interruption of electric, gas, water, or other essential services, shall be guilty of unlawful forcible entry and detainer and shall be liable to the tenant in a civil action for actual damages plus an amount equal to twice the monthly rent. This section does not apply where the interruption is for health and safety reasons or is caused by the tenant.

A tenant may deduct from rent the actual costs of repairs to the rental premises under the following conditions: (1) the condition constitutes a violation of applicable building or housing codes materially affecting health, safety, or habitability; (2) the tenant has occupied the premises for at least six consecutive months; (3) the tenant is current on all rent; (4) the tenant is not otherwise in default under the lease; (5) the tenant has provided written notice to the landlord describing the violation and the tenant's intent to repair; (6) at least fourteen days have elapsed since the landlord received the written notice without the landlord curing the violation; and (7) if the landlord disputes the code violation, the tenant has obtained written verification from city inspectors. The deduction may not exceed the greater of $300 or one-half month's rent per repair event.

Notwithstanding any other provision of law, a landlord may apply to the circuit court of the county in which the property is located for an order of removal of a tenant where the tenant or any member of the tenant's household, or a person on the premises with the tenant's consent, has been found to have engaged in drug-related criminal activity or in violence on or near the rented premises. The court may order removal without prior written notice to the tenant if the landlord shows by credible evidence that drug-related activity or violence has occurred, even in the absence of a criminal arrest. The court may also order removal of any person unlawfully occupying the premises without the landlord's permission.

A tenant shall: (1) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; (2) keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permits; (3) dispose of all ashes, garbage, rubbish, and other waste from the dwelling unit in a clean and safe manner; (4) keep all plumbing fixtures in the dwelling unit as clean as their condition permits; (5) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances on the premises; (6) not deliberately, willfully, or negligently destroy, deface, damage, impair, or remove any part of the premises or permit any person on the premises with the tenant's consent to do so; and (7) not disturb the peaceful enjoyment of the premises by neighbors.

A landlord shall not refuse to rent to, refuse to continue to rent to, or otherwise discriminate against in the terms, conditions, or privileges of a rental agreement, any applicant or tenant because the applicant or tenant is or has been a victim of domestic violence, sexual assault, or stalking. A landlord may not terminate a tenancy, fail to renew a tenancy, or impose penalties on a tenant solely because of the tenant's or a household member's status as a victim of domestic violence, sexual assault, or stalking. Verification of victim status may be required by the landlord in a form provided by law enforcement or a qualified third party.

Sections 441.1000 to 441.1078 shall regulate and determine legal rights, remedies, and obligations of the parties to any lease of a mobile home or mobile home lot in a mobile home park containing five or more mobile homes within Missouri. Any lease, written or oral, shall be unenforceable insofar as any provision thereof conflicts with any provision of sections 441.1000 to 441.1078.

A park owner shall give sixty days' written notice to a mobile home tenant before terminating a lease for a mobile home lot when the lease is for less than one year or when the tenancy is month-to-month. For leases of one year or more, notice shall be given at least ninety days before the end of the lease term. The notice shall state the reason for termination.

A park owner may terminate the lease and evict a tenant only for any one or more of the following: (1) nonpayment of rent or other charges; (2) violation of a law or ordinance that materially affects health and safety; (3) violation of a rule or regulation of the park that the tenant has been notified of in writing; (4) conviction of the tenant of a crime that threatens the health, safety, or welfare of other tenants; (5) the mobile home has become a nuisance or a hazard; or (6) the park owner is converting the park to another use, provided sixty days' notice is given.

The following conduct by a tenant shall not constitute grounds for eviction or termination of the lease, nor shall a judgment for possession of the premises be entered against a tenant: (1) as a reprisal for the tenant's effort to secure or enforce any rights under the lease or the laws of Missouri; (2) as a reprisal for the tenant's good faith complaint to a governmental authority of the park owner's alleged violation of any health or safety law, regulation, code, or ordinance; (3) as a reprisal for the tenant's participation in any lawful organization; or (4) on account of the tenant's race, color, creed, religion, sex, familial status, national origin, or disability.

Every person who shall make any forcible entry into any lands, tenements, or other possessions, or shall detain the same by force, shall be guilty of a forcible entry and detainer. A forcible entry occurs when any person enters upon lands or tenements in a violent manner, with strong hand, with multitude of people, or with threatening words or gestures, though no actual force be used.

Any party aggrieved by a forcible entry or detainer may file a complaint in the associate circuit court of the county in which the property is located. The complaint shall describe the property with sufficient particularity to identify it, shall state the facts giving rise to the claim, and shall be verified by the party or the party's attorney. The court shall issue a summons requiring the defendant to appear at a hearing not less than seven days nor more than fourteen days after service of summons.

If the court finds in favor of the plaintiff in a forcible entry and detainer action, the court shall enter judgment for restitution of the premises and shall issue a writ of restitution directing the sheriff or other appropriate officer to restore the plaintiff to possession of the premises. The defendant may stay the writ of restitution by filing an appeal and posting a bond sufficient to cover rent and damages during the pendency of the appeal.

Any person who shall willfully and without force hold over any lands, tenements, or other possessions, after the termination of the time for which they were demised or let to such person, or to the person under whom such person claims, after demand made and notice in writing given, for delivering the possession thereof, by the person entitled to such possession, or by the person's agent, shall be guilty of an unlawful detainer.

Before any person shall be entitled to commence an action of unlawful detainer: (1) For nonpayment of rent — the landlord or the landlord's agent shall notify the tenant in writing to pay the rent due or deliver up the possession of the premises within a specified time of not less than three days; (2) For holding over after term — written demand for possession must be made; (3) For violation of lease conditions — written notice specifying the violation must be given with a reasonable opportunity to cure, not to be less than ten days.

The plaintiff in an unlawful detainer action shall file a verified complaint in the associate circuit court of the county where the property is located. The court shall cause a summons to be issued notifying the defendant of the action and the date of the hearing. The summons shall be served on the defendant not less than five days before the hearing date. Service may be made by personal service, by leaving a copy at the defendant's dwelling with a person of suitable age, or by posting on the door of the premises if other methods of service fail.

At the trial of an unlawful detainer action, either party may demand a jury. The issues shall be: (1) whether the defendant is guilty of unlawful detainer; and (2) the amount of damages, if any. If the defendant is found guilty, the court shall give judgment for restitution of the premises and for the plaintiff's damages, including rent due and owing, and may award costs and attorneys' fees if provided by the lease or statute. A writ of execution for possession shall be issued upon final judgment.

Any party aggrieved by the judgment in an unlawful detainer action may appeal to the circuit court. The appeal shall not stay the execution of the judgment unless the appellant files a bond approved by the court conditioned upon the payment of all damages, rent, and costs that may be adjudged against the appellant and upon the appellant's compliance with any other conditions the court may impose.

(1) A landlord shall not require a tenant to pay a security deposit in an amount greater than two months' rent. (2) All security deposits shall be held by the landlord in a federally insured interest-bearing account in a bank, savings institution, or credit union that is insured by an agency of the federal government; provided that the interest shall accrue to the benefit of the landlord. (3) Upon termination of the tenancy, the landlord shall return the security deposit to the tenant within thirty days of the date the tenant has vacated the premises, together with an itemized written statement of any deductions made from the deposit. (4) Deductions from the security deposit may be made for: (a) actual damages to the premises beyond ordinary wear and tear; (b) unpaid rent; (c) reasonable cleaning costs if the premises are left in an unclean condition; or (d) any other breach of the lease by the tenant. (5) The landlord shall provide the tenant with reasonable written notice of the time and date of the move-out inspection and the tenant shall have the right to be present during the inspection, which shall be conducted at a reasonable time. (6) If a landlord fails to return the security deposit and itemized statement within thirty days, the landlord shall be liable to the tenant for twice the amount of the security deposit wrongfully withheld, together with court costs and reasonable attorney's fees. (7) The tenant may not apply the security deposit toward payment of the last month's rent without the landlord's written consent. (8) A deposit made by a tenant for keeping a pet on the premises shall not be deemed a security deposit and shall not be subject to the provisions of this section.

It shall be an unlawful discriminatory practice for any person to: (1) refuse to sell or rent, refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, national origin, ancestry, sex, disability, or familial status; (2) discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, national origin, ancestry, sex, disability, or familial status; (3) make, print, or publish any notice, statement, or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference, limitation, or discrimination based on race, color, religion, national origin, ancestry, sex, disability, or familial status, or an intention to make any such preference, limitation, or discrimination.

Any person who has been discriminated against in violation of this chapter may bring a civil action in the circuit court of the county in which the discriminatory practice is alleged to have occurred. The court may grant any relief it deems appropriate, including injunctive relief, actual damages, punitive damages, reasonable attorney's fees, and court costs. The commission may also bring a civil action on behalf of a complainant. Any person who intentionally engages in a discriminatory practice shall be liable for a civil penalty not to exceed $10,000 for the first violation, $25,000 for a second violation within five years, and $50,000 for three or more violations within seven years.