Being a landlord in Missouri is a blend of responsibility and opportunity. It doesn’t matter if you own ten buildings or one; knowing your obligations under Missouri landlord-tenant law. Otherwise, anytime issues pop up, like unpaid rent, housing code violations, or when dealing with a previous tenant’s abandoned property, they have the potential to escalate into legal disputes when they aren’t handled properly.
That’s why we’ve put this guide together for you. We will cover the essentials of Missouri landlord rights, from crafting a strong lease or rental agreement to ensuring compliance with all the applicable state laws.
Only when you’re armed with a clear understanding of the rules for landlords and tenants can you protect your investment. We’ll help you build the confidence you need, while avoiding costly mistakes along the way.
Landlord-tenant law in Missouri creates a clear legal framework within which landlords and tenants are free to conduct business. This framework is intended to protect both parties.
Under Missouri law, landlords are required to provide rentals that meet health and safety standards, follow building codes, and comply with all local ordinances. In return, tenants are required to pay rent on time and maintain the property in a reasonable condition.
Having a written lease or rental agreement is the first step and, truly, the foundation of the landlord-tenant relationship. This is the document that lays out the important terms, like how long the lease agreement is in effect, the amount of rent, the structure for late fees, and who has what rights if non-payment occurs.
Even in a month-to-month tenancy, Missouri landlords must give written notice before ending the agreement. Tenants are expected to do the same.
If a tenant fails to pay or violates the terms of the lease, landlords are bound by the eviction process laid out in state law. They can’t simply act on their own, as they see fit.
One of the most basic but critical components you need, as a landlord, is a well-written lease agreement. The agreement sets the terms of the landlord-tenant relationship, the responsibilities of both parties, and the recourse for either when those responsibilities aren’t upheld.
The most important clauses will state the term of the lease, the rent amount that is due each month, and when that rent needs to be paid by. Landlords may also include more specificity about things like late fees, rental application fee rules, and whether the lease allows any form of month-to-month tenancy.
This way, if the tenant fails to meet the obligations set forth, they have predetermined remedies and timelines. Risk is reduced, and clarity is given to tenants. Crafting a strong lease creates a clear roadmap for both sides to follow and prevents or minimizes potential misunderstandings that can lead to a need for legal help later.
Handling security deposits, rent, and any associated fees is a foundational element of being a landlord in Missouri.
State law caps deposits at two months’ rent, and landlords must return the security deposit within 30 days of the tenant moving out. If any of the money is kept, the landlord must give the tenant a written, itemized list. Deposits that are wrongfully withheld can create the perfect grounds for a legal action.
Landlords also need to be clear about how unpaid rent and related late fees are treated. The lease should clearly spell out when the rent is due, how long the tenant has to catch up, and what happens if they fail. This should cover instances where rent is simply late, as well as situations where the tenant can withhold rent due to claimed issues. If your landlord wrongfully withholds a deposit or is reckless with collecting and recording past due rent, they may end up violating Missouri landlord-tenant law.
Not only that, but landlords are required to pay interest on deposits, though this can depend on whether the funds are stored with a bank or a credit union. Making sure there is documentation on everything, from receipts to municipal notices, to stay in compliance with state law. These rules are meant to protect you and your tenants, but they can strengthen your position if the dispute reaches a court order.
Before you ever approve the rental application for your first tenant, Missouri law and federal fair housing rules need to be followed. Screening is an important part of protecting your rental property, but it’s also where a lot of discrimination happens. The Fair Housing Act bars discrimination based on national origin, race, disability, religion, or any other federally protected status.
Background checks that cover criminal history, credit, and rental records are allowed, but they have to be applied consistently across all applicants. It’s also permitted to charge an application fee, but it should be kept reasonable and let applicants know what it’s being used for.
Landlords in Missouri have to keep their rental properties compliant with local building codes, housing code violations, and health and safety standards. While many local ordinances add additional safety requirements to safety codes. This requires landlords to keep current on city-specific rules.
Tenants have the right to a safe and habitable home. However, if conditions do fall below legal standards, tenants will often have the right to withhold rent until certain important repairs are made.
Common issues to expect are things like HVAC failures, plumbing problems, and pest infestations that can be disastrous for health.
To be able to fix these issues, landlords will need to legally access the property. While there are no specific time frames in Missouri law, the best practice and common courtesy is to give 24 hours written heads up.
If you should find yourself in a situation where the tenant fails to meet the terms of the lease agreement, there are strict procedures for remedy and eviction in Missouri.
The most common grounds for eviction are things like nonpayment of rent, repeated past due rent, or serious violations of the terms of the lease.
First, you’ll need to give written notice. For month-to-month tenancy, state law requires landlords to provide at least thirty days’ notice to terminate the lease or rental agreement. In cases of non-payment, landlords must allow a reasonable time for tenants to pay rent before filing in court.
If the issue is not resolved, the landlord can seek a court order for eviction. At this stage, the local court issues an order to have the tenant removed.
Landlords cannot physically remove tenants; it’s typically a deputy for the county sheriff who is sent to enforce the order.
When a tenant fails to move out completely, landlords may be left with the tenant’s abandoned property. Under Missouri landlord-tenant law, landlords must have a reasonable belief that items are no longer wanted before acting.
The first step is to provide written notice to the tenant. This notice should describe the abandoned property, give a reasonable time to claim it, and must often be sent by certified mail or with return receipt requested. If the tenant does not respond within the time allowed, landlords may remove abandoned property or dispose of it according to state law.
Sometimes, the landlord is allowed to sell valuable items to help them offset the cost of unpaid rent and damages. That said, there are very strict laws and processes in place to protect previous tenants from claiming their property was wrongfully withheld.
This is why documenting, keeping receipts, and ensuring tenants are notified properly are all great ways to help protect you from legal action.
There are more laws at play than just Missouri law, and landlords need to follow all applicable local ordinances and building codes. Rules like these are in place to augment safety standards and address contingencies that aren’t covered by state law.
These might include occupancy limits based on local fire guidelines or stricter timelines on repairs. Landlords who fail to follow local ordinances or comply with orders to fix housing code violations will see fines and lawsuits. If your building may have more to fix than you want to worry about, get a cash offer on it from Huck Homebuyers and move on to more profitable investments.
In addition to state and local laws, Missouri landlords must comply with federal protections that safeguard tenant rights. The Fair Housing Act is enforced by the federal government, and violations can cause intervention by HUD or federal agencies. Tenants are also given free legal services if they believe a landlord violates these rules or their rights.
Knowing where you stand with your landlord rights in Missouri is critical. From the handling of the security deposit to helping manage abandoned property, landlords always need to balance their rights with tenant protections.
If owning a rental property has simply become more stress than it’s worth, think about reaching out to Huck Homebuyers to explore ways that you can sell and move forward with confidence. We make the process fast and easy.
