Missouri Residential Lease Agreement
A Missouri lease agreement caps deposits at 2 months' rent, returned within 30 days with an itemized damage list. Free to create. Attorney review available.
Introduction
A residential lease agreement is a legally binding contract that sets the terms under which a tenant rents a landlord's residential property: how much rent is due, how long the tenancy lasts, what security deposit is held, who is responsible for what, and how either side can end the arrangement. In Missouri, landlord-tenant rules come mainly from Chapters 441, 534 and 535 of the Revised Statutes of Missouri (RSMo). A Missouri landlord cannot charge more than two months' rent as a security deposit (RSMo 535.300), and at the end of the tenancy the landlord has 30 days to return the deposit or send a written, itemized list of damages the deposit was used to cover. Missouri has no statute requiring extra state-specific pre-lease disclosures beyond the federal lead-based paint disclosure for housing built before 1978; the lease should still spell out the landlord's name and address, the rent amount and due date, and the deposit terms as a matter of good practice. Missouri has no general statute setting advance notice hours for routine landlord entry; the only notice duty tied to entry is that the landlord must give the tenant reasonable notice of the date and time of the move-out inspection, and the tenant has the right to be present for it. A month-to-month tenancy ends, or its rent changes, on one full calendar month's written notice (RSMo 441.060). Attorney review is available as an option before either party signs.
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Key Things to Know
- 1
A residential lease agreement is a binding contract between a landlord and a tenant that sets the rent, the length of the tenancy, the security deposit, each party's responsibilities, and how the tenancy can end.
- 2
The security deposit is capped at two months' rent, and the landlord has 30 days after the tenancy ends to return it or send a written itemized list of deductions (RSMo 535.300).
- 3
Missouri has no state-specific pre-lease disclosure requirement beyond the federal lead-based paint disclosure for housing built before 1978 (42 U.S.C. Section 4852d).
- 4
There is no Missouri statute setting advance-notice hours for routine landlord entry. The only statutory notice duty is reasonable notice of the date and time of the move-out deposit inspection.
- 5
Missouri has no statutory cap on late fees and no statutory grace period; both are set by the lease itself, so the amount and any grace period should be written into the agreement.
- 6
A month-to-month tenancy ends, and rent on it can be raised, with one full calendar month's written notice from either side (RSMo 441.060).
- 7
Missouri has no statewide or local rent control. State law is understood to preempt local rent-control ordinances (RSMo 441.043).
Key decisions before you file
Before you file a Residential Lease Agreement in Missouri, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.
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Missouri Requirements for Residential Lease Agreement
Security Deposit Cap of Two Months' Rent
A Missouri landlord cannot charge a security deposit of more than two months' rent (RSMo 535.300). Any lease clause charging more than that cap is unenforceable to the extent it exceeds the statutory limit.
Deposit Return and Itemization Within 30 Days
Within 30 days after the tenancy ends, the landlord must return the security deposit or send the tenant a written itemized list of damages for which any part of the deposit is being kept. A landlord who wrongfully withholds a deposit can be liable for up to twice the amount wrongfully withheld.
Federal Lead-Based Paint Disclosure
For any Premises built before 1978, the landlord must give the tenant the federal lead-based paint disclosure and EPA pamphlet before the lease is signed (42 U.S.C. Section 4852d). Missouri has no additional state-specific pre-lease disclosure requirement.
Reasonable Notice Before the Move-Out Inspection
Missouri has no general statute setting advance-notice hours for routine landlord entry. The one statutory notice duty is that the landlord must give the tenant reasonable notice of the date and time of the move-out deposit inspection, and the tenant has the right to be present for it.
No Statutory Cap on Late Fees
Missouri has no statute capping late fees or requiring a grace period before rent is considered late. The amount of any late fee and any grace period are set by the lease itself, so both should be written into the agreement clearly.
One Month's Written Notice to End a Month-to-Month Tenancy
A month-to-month tenancy in Missouri ends on one full calendar month's written notice from either the landlord or the tenant (RSMo 441.060). A mobile-home lot lease of less than one year requires 60 days' notice instead.
One Month's Notice to Raise Rent on a Month-to-Month Tenancy
A landlord raising the rent on a month-to-month tenancy must give the same one full calendar month's written notice used to end the tenancy (RSMo 441.060). Missouri has no separate statute setting a different rent-increase notice period.
Tenant Repair-and-Deduct Remedy for Code Violations
A tenant who has lived at the Premises for at least six months, is current on rent, and gives the landlord 14 days' written notice of an unrepaired code or health-safety violation may deduct the repair cost from rent, capped at one-half month's rent or $300, whichever is greater (RSMo 441.234).