Overview of Landlord-Tenant Laws in Missouri

Key laws every Missouri landlord and tenant needs to know.

By Ann O’Connell , Attorney UC Berkeley School of Law Updated 6/26/2024

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Missouri laws govern much of the landlord-tenant relationship, including security deposits, late rent, and evictions. Here's a breakdown of key laws that affect nearly all Missouri landlords and tenants.

Rental Application and Tenant Screening Laws

Missouri law regulates very little of the tenant application and screening process.

Application Fees

There is no law in Missouri that prohibits landlords from charging an application fee.

Tenant Screening Reports

A tenant screening report is a credit report, criminal background report, employment history report, or rental history report that a landlord uses to determine whether an applicant would be an acceptable tenant. Missouri landlords are free to charge reasonable amounts for tenant screening reports.

Criminal History Screening

Missouri does not have a state law prohibiting landlords from considering applicants' criminal histories. However, landlords must still be careful. When landlords consider applicants' criminal history, they must do so in a consistent, nondiscriminatory manner. If a landlord's practice of considering criminal history has a discriminatory effect—for example, if the landlord asks only applicants of a certain color for criminal history information—the landlord is engaging in illegal discrimination and can be subject to penalties. Also, landlords can reject applicants only for past convictions that are directly related to the application—in other words, convictions that have a negative bearing on a legitimate business concern of the landlord.

Fair Housing Laws

All landlords need to follow federal and state antidiscrimination laws when screening applicants for a rental. Federal fair housing laws prohibit landlords from discriminating on the basis of:

The Missouri Human Rights Act adds ancestry to the list of categories protected from illegal discrimination. (Mo. Rev. Stat. § 213.040 (2024).)

For more information about Missouri's fair housing laws, see the Department of Labor & Industrial Relations' Discrimination in Housing website.

Security Deposit Laws

Missouri law limits the amount of security deposit a landlord can charge to two months' rent. (Mo. Rev. Stat. § 535.300(1) (2024).)

How Landlords Must Hold Security Deposits

Landlords must hold security deposits in a bank, credit union, or depository institution that's insured by an agency of the federal government. (Mo. Rev. Stat. § 535.300(2) (2024).)

Security Deposit Return

Missouri landlords must notify tenants in writing of the date and time when the landlord will inspect the rental for purposes of determining whether any security deposit will be withheld. The inspection must be performed at a reasonable time, and the tenant has the right to be present. (Mo. Rev. Stat. § 535.300(5) (2024).)

Within 30 days of the end of the tenancy, the landlord must either:

Missouri law excludes money deposited for a pet from the definition of "security deposit," so pet deposits are not subject to these rules. (Mo. Rev. Stat. § 535.300(8) (2024).)

If a landlord wrongfully withholds any of the security deposit, they will be liable to the tenant for two times the amount wrongfully withheld. (Mo. Rev. Stat. § 535.300(6) (2024).)

Small Claims Lawsuits in Missouri

If you find yourself in a battle over a security deposit or repairs, small claims court is a good place to bring your grievance. Small claims courts in Missouri can hear cases in which the plaintiff—the person suing—isn't asking for more than $5,000.

Small claims court procedures tend to be simpler than those of regular courts, and, although Missouri allows parties to have lawyers, many people represent themselves.

Late Fees, Disclosures, and Other Rent Rules

In Missouri, rent is due on whatever day the landlord and tenant agree to. (Mo. Rev. Stat. § 535.060 (2024).)

Grace Periods and Late Fees

Missouri does not require landlords to give tenants a grace period for paying rent. However, a landlord and tenant can agree in the lease or rental agreement that there will be a grace period.

Missouri landlords can charge late fees, and there is no cap on how much they can charge. Most judges won't enforce unreasonable late fees, though. In general, a late fee will be considered reasonable as long as it doesn't exceed 4%-5% of the rent and has an upper limit.

Required Landlord Disclosures in Missouri

In many states, landlords must disclose specific information to tenants and potential tenants. Missouri landlords must disclose information about:

In addition, landlords in all states must follow federal lead-based paint disclosure rules.

Rent Increases

Missouri landlords can't raise the rent during the term of a lease unless the lease specifically allows them to do so.

For month-to-month tenancies, Missouri law doesn't specify the amount of notice landlords must give to raise the rent. A reasonable amount of notice would likely be the same length of time that the agreement is for: 30 days.

Missouri Landlords Must Provide Habitable Rentals

Like landlords in all states, Missouri landlords must provide rentals that are safe and fit for human habitation. This duty is implied in all leases and rental agreements, and is known as the "implied warranty of habitability." (King v. Moorehead, 495 S.W.2d 65 (Mo. Ct. App. 1973).) Specifically, Missouri landlords must maintain the habitability, sanitation, and security of the rental, in accordance with local municipal housing and building codes. (Mo. Rev. Stat. § 441.234 (2024).)

Tenant Rights to Repair and Deduct or Withhold Rent in Missouri

Missouri tenants have options when there is a problem at the rental.

Right to Repair and Deduct

When a landlord allows a condition on the premises that detrimentally affects the habitability, sanitation, or security of the rental, and the condition violates a local municipal housing or building code, the tenant might have the right to repair and deduct the cost of the repair from the rent.

The tenant must notify the landlord that they plan to make the repair at the landlord's expense. The landlord has 14 days to make the repair. If the landlord doesn't make the repair, the tenant can have the repair made. The cost of the repair must be less than $300 or one-half of the rent, whichever is greater—but it can't be more than one month's rent. The tenant must submit an itemized statement of the work done—with receipts—to the landlord.

If, within the 14-day notice period, the landlord objects to the work, the tenant must get a written certification from the local municipality or government entity that the condition is a code violation.

Right to Withhold Rent

When a breach of the implied warranty of habitability has occurred, the tenant may withhold rent. The breach must be material and affect health and safety, such as faulty wiring in an apartment. The tenant must first give the landlord notice of the problem and a reasonable opportunity to repair it. The tenant should keep the unpaid rent in a separate bank account or deposit with the court until the matter is resolved. (King v. Moorehead, 495 S.W.2d 65 (Mo. Ct. App. 1973).)

Termination and Eviction Rules

Missouri landlords must follow very specific rules and procedures to terminate a tenancy and then, if necessary, file an eviction lawsuit.

Notice of Termination for Cause

A landlord who wants to evict a tenant in Missouri before the lease or rental agreement has expired must have cause—in other words, a legally valid reason to terminate the tenancy. Common reasons for terminating a tenancy in Missouri include failing to pay rent or violating the lease or rental agreement.

When a landlord wants a tenant to leave for cause, the landlord must first terminate the tenancy. This is done by giving the tenant notice. The type of notice depends on the situation.