MO
Missouri Landlord-Tenant Laws
Security Deposit Limits
RSMo § 535.300(1)
✅ Key Requirements
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- Maximum security deposit is 2 months' rent
- No additional dollar cap — limit is strictly based on monthly rent amount
- Cap applies to 'security deposits' only — pet deposits are excluded from the definition (§ 535.300(7))
- Nonrefundable security deposits are prohibited — all security deposits must be refundable
- Application fees and pet fees are separate from the security deposit cap
Security Deposit Holding Requirements
RSMo § 535.300(2)
✅ Key Requirements
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- Deposit must be held in a federally insured bank, credit union, or depository institution
- Landlord cannot hold deposit as personal cash or commingle with personal funds
- Any interest earned on the deposit belongs to the landlord, NOT the tenant
- Missouri does NOT require an interest-bearing account
- Housing authorities and government entities are exempt from holding requirements
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Security Deposit Return Timeline
RSMo § 535.300(3)
⏰ Timeline
- 30 days after termination of tenancy
- If estimated costs given at 30 days, actual receipts or certification due within 60 days of termination
- Mail to last known address of tenant
✅ Key Requirements
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- Landlord has 30 days from termination of tenancy to return deposit or provide itemization
- If withholding any portion, must provide written itemized list of damages with estimated or actual costs
- Must attach copies of paid receipts for repairs/replacements
- If only estimated costs provided at 30 days, actual paid receipts or cost certification due within 60 days
- Compliance achieved by mailing to tenant's last known address
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Permitted Security Deposit Deductions
RSMo § 535.300(4)
✅ Key Requirements
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- Deductions limited to amounts 'reasonably necessary' for permitted reasons only
- Permitted: Unpaid rent per the rental agreement
- Permitted: Restoring unit to move-in condition, ordinary wear and tear excepted
- Permitted: Actual damages from tenant's failure to give adequate notice to terminate
- Landlord must make reasonable efforts to mitigate damages for early termination
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Tenant Remedies for Wrongful Deposit Withholding
RSMo § 535.300(5)
✅ Key Requirements
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- Tenant may recover up to DOUBLE the amount wrongfully withheld
- Applies when landlord violates any provision of § 535.300
- Includes failure to return deposit within 30 days
- Includes failure to provide itemized list of deductions
- Includes withholding deposit for impermissible reasons
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Security Deposit Transfer on Property Sale
RSMo § 535.300
✅ Key Requirements
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- Upon sale or transfer of property, landlord must transfer deposit to successor landlord
- Must notify tenant by mail or delivery of successor landlord's name, address, and phone number
- Applies to all sales, transfers, or dispositions of residential property
- Exception: Does not apply to transfers to holders of a lien interest (e.g., foreclosure)
- Notification must be sent to tenant's last known address
Eviction for Non-Payment of Rent
RSMo § 535.010, § 535.060
✅ Key Requirements
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- No specific notice period required for non-payment — landlord may file immediately when rent is due and unpaid
- Demand for rent is valid any time after the right to rent accrues (§ 535.060)
- Landlord files affidavit (rent-and-possession petition) with associate circuit court
- Petition must include: property address, lease terms, amount of rent due, and that demand was made
- If tenant owes at least one full month's rent, the lawsuit itself is sufficient demand
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Eviction for Lease Violations
RSMo §§ 441.020, 441.030, 441.040
✅ Key Requirements
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- Landlord must provide 10-day written notice for lease violations
- Notice must identify the specific violation
- Landlord is NOT required to give tenant opportunity to cure the violation
- If tenant does not vacate within 10 days, landlord may file eviction lawsuit
- Even if tenant corrects the violation, landlord can proceed with eviction after 10 days
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Expedited Eviction for Illegal Activity
RSMo §§ 441.740, 441.770, 441.780
✅ Key Requirements
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- Expedited eviction available for drug-related offenses, physical injury to tenants/landlord, severe property damage
- No prior notice to tenant required before filing expedited eviction (§ 441.780)
- Court may order immediate eviction — tenant has only 24 hours to vacate after order
- Court may also order removal of specific persons engaging in criminal activity without terminating entire tenancy (§ 441.770(2))
- Landlord, other tenants, or neighbors may initiate expedited eviction proceedings (§ 441.710)
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Termination of Month-to-Month Tenancy
RSMo § 441.060
✅ Key Requirements
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- Month-to-month tenancy requires 1 month (30 days) written notice to terminate
- Applies to tenancies at will, by sufferance, or for less than one year
- Notice must be in writing
- Termination date should align with end of rental period (typically last day of month)
- No cause required — landlord may terminate without stating a reason
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Prohibition on Self-Help Eviction
RSMo § 441.233
✅ Key Requirements
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- Landlord cannot exclude tenant or tenant's property from premises
- Landlord cannot remove doors or locks
- Landlord cannot interrupt or discontinue essential services (heat, water, hot water, electric, gas)
- Violation is a Class C misdemeanor for EACH offense
- Tenant can sue for damages — may recover up to 2 months' rent or twice actual damages, whichever is greater
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Implied Warranty of Habitability
RSMo § 441.234; King v. Moorehead, 495 S.W.2d 65 (Mo. Ct. App. 1973)
✅ Key Requirements
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- Missouri's implied warranty of habitability is primarily case law, not a comprehensive statute
- Landlord must maintain habitability, sanitation, and security per local housing/building codes
- Habitability requirements are lower than many other states — state law does not enumerate specific items
- Kansas City Tenant's Bill of Rights (2019) adds specific requirements: heating, water, plumbing, electric, cooking equipment
- Local municipal codes may impose additional requirements beyond state law
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Tenant Repair and Deduct Remedy
RSMo § 441.234
✅ Key Requirements
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- ELIGIBILITY: Tenant must have resided on premises for at least 6 consecutive months
- ELIGIBILITY: Tenant must be current on all rent and charges during that period
- ELIGIBILITY: Tenant must not have any uncured lease violations during that period
- Condition must detrimentally affect habitability, sanitation, or security
- Condition must violate a local municipal housing or building code
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Landlord Right of Entry
RSMo § 441.063 (implied); Case Law
✅ Key Requirements
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- Missouri has NO specific statute governing landlord entry notice requirements
- Common law and standard practice require 'reasonable notice' — generally 24 hours
- Entry always permitted with tenant's consent
- Emergency entry permitted without notice when imminent danger to lives or property
- Landlord may enter to perform agreed-upon repairs at tenant's request
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Retaliation Protections
Case Law; RSMo § 441.233
✅ Key Requirements
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- Missouri has NO comprehensive anti-retaliation statute — protections are case law based
- Retaliatory eviction recognized as a defense in court, but available only in limited circumstances
- Landlord cannot evict solely for: filing code violation complaints, joining tenant organizations, exercising legal rights
- Tenant bears burden of proving eviction is retaliatory
- Retaliation defense is NOT available in most eviction proceedings — weaker protection than many states
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Domestic Violence, Sexual Assault, and Stalking Protections
RSMo § 441.920
✅ Key Requirements
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- Landlords cannot discriminate against applicants or tenants who are victims of domestic violence, sexual assault, or stalking
- Cannot discriminate based on tenant having obtained an order of protection
- Applies to all stages: application, tenancy, lease renewal
- Victims may have grounds to break lease without penalty under certain circumstances
- Landlord may require verification of victim status
Rent Rules, Late Fees, and Rent Control
RSMo § 441.043; § 570.120
✅ Key Requirements
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- RENT CONTROL: Banned statewide — no city, county, or municipality may enact rent control (§ 441.043)
- RENT INCREASES: Landlord may raise rent by any amount with proper written notice
- NOTICE OF INCREASE: No specific statutory notice period for rent increases; follow lease terms and general tenancy termination rules
- GRACE PERIOD: No mandatory grace period — rent is late the day after it is due
- LATE FEES: No statutory cap on late fees — standard practice is 5-10% of rent due
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Required Landlord Disclosures
RSMo §§ 535.185, 441.236
✅ Key Requirements
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- MANAGER/AGENT IDENTITY: Must disclose name and address of person authorized to manage premises (§ 535.185)
- OWNER/SERVICE OF PROCESS: Must disclose owner or authorized representative for service of process and receiving notices (§ 535.185)
- Disclosures must be in writing at or before commencement of tenancy
- METHAMPHETAMINE: Must disclose if landlord has actual knowledge property was used to produce meth (§ 441.236) — regardless of conviction
- RADIOACTIVE/HAZARDOUS MATERIAL: Must disclose if property is or was contaminated with radioactive or hazardous material (if landlord has knowledge from received reports)
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Abandoned Property and Premises
RSMo § 441.065
✅ Key Requirements
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- Premises deemed abandoned when: tenant vacated without notice AND rent is 10 days past due
- Also abandoned when: tenant gave notice of intent to vacate and premises are vacated at specified time
- Landlord must send written notice by first-class mail to tenant's last known address
- Must also notify any emergency or other contact person named in the lease
- Notice must state landlord considers premises abandoned and property will be disposed of
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Eviction Moratorium Prohibition (SB 895 — 2024)
RSMo § 535.012
✅ Key Requirements
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- Effective August 28, 2024 (SB 895)
- No local government may enact eviction moratoriums without state approval
- Only exception: state of emergency declared by the governor, and only for the duration of emergency
- Prohibits counties, cities, towns, villages, and all political subdivisions
- Applies to moratoriums on both eviction proceedings and enforcement of eviction orders
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