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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. 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. 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. 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. 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. 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. 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. 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 RESIDENTIAL LEASE AGREEMENT

  1. PARTIES & PREMISES This Residential Lease Agreement is made on [DATE] between [LANDLORD NAME] ('Landlord' or 'Lessor'), of [ADDRESS], and [TENANT NAME] ('Tenant' or 'Lessee'). Landlord leases to Tenant the residential property at [RENTAL ADDRESS], Missouri (the 'Premises'), for use as a private residence only.

  2. TERM This lease begins on [START DATE] and, [check one]: (a) ends on [END DATE] as a fixed term, or (b) continues month-to-month until either party ends it with proper written notice as described in Section 8.

  3. RENT Tenant shall pay rent of $[AMOUNT] per month, due on the [DAY] of each month at [PAYMENT LOCATION/METHOD]. Missouri sets no statutory grace period and no statutory cap on late fees; any grace period and late-fee amount agreed to by the parties should be stated here: [GRACE PERIOD / LATE FEE TERMS].

  4. SECURITY DEPOSIT Tenant shall pay a security deposit of $[AMOUNT], which may not exceed two months' rent under RSMo 535.300. Within 30 days after the tenancy ends, Landlord shall return the deposit or provide a written itemized list of damages for which any portion is withheld. The deposit is held in a federally insured depository institution; RSMo 535.300 makes any interest earned the Landlord's property.

  5. DISCLOSURES If the Premises were built before 1978, Landlord provides the federally required lead-based paint disclosure and pamphlet (42 U.S.C. Section 4852d), attached as an exhibit. Missouri has no additional state-mandated pre-lease disclosure; this Section 5 identifies Landlord's name, address, and phone number as [LANDLORD CONTACT INFO].

  6. ENTRY Missouri has no general statute fixing advance-notice hours for routine landlord entry. Landlord and Tenant agree Landlord will give [NOTICE TERMS, e.g., 24 hours] notice before entering to inspect, repair, or show the Premises, except in an emergency. Before the end-of-tenancy move-out inspection, Landlord must give Tenant reasonable notice of its date and time, and Tenant has the right to be present.

  7. MAINTENANCE & USE Tenant shall keep the Premises clean and undamaged beyond normal wear, and shall promptly notify Landlord of needed repairs. Landlord shall maintain the Premises in habitable condition. If Landlord neglects a code or health-safety repair after 14 days' written notice, a Tenant who has resided there at least six months and is current on rent may deduct the repair cost from rent, capped at one-half month's rent or $300, whichever is greater (RSMo 441.234).

  8. TERMINATION Either party may end a month-to-month tenancy, or raise the rent on one, with one full calendar month's written notice (RSMo 441.060). Missouri has no statewide or local rent control; state law preempts local rent-control ordinances (RSMo 441.043). [If a fixed term, state renewal or non-renewal notice terms here.]

SIGNATURES _____________________________ Date: _______ [LANDLORD NAME], Landlord

_____________________________ Date: _______ [TENANT NAME], Tenant

Note: No notary or witnesses are required for a Missouri residential lease. This lease is governed by the Revised Statutes of Missouri, Chapters 441, 534 and 535. This is a Missouri skeleton for a residential lease agreement. For the complete, customizable template, see the full Residential Lease Agreement template.

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).

Frequently Asked Questions

A Missouri lease should identify the landlord and tenant, the rental address, the rent amount and due date, the length of the tenancy, and the security deposit amount and terms. Missouri has no extra state-mandated pre-lease disclosure beyond the federal lead-based paint disclosure for pre-1978 housing, but naming the landlord clearly and spelling out the deposit terms in writing avoids later disputes.

A Missouri landlord cannot charge more than two months' rent as a security deposit under RSMo 535.300. After the tenancy ends, the landlord has 30 days to return the deposit or provide a written itemized list of damages the deposit was used to cover. Wrongfully withholding a deposit can expose a landlord to paying up to twice the amount withheld.

Yes. A Missouri lease agreement template is free to generate here, filling in your own rent, term, deposit, and party details. Attorney review is available afterward as an optional add-on, but it is not required to create or use the document.

No. Missouri law does not require a residential lease to be notarized or witnessed to be valid. Both the landlord and tenant simply sign the document. Notarization is unnecessary for a lease, unlike some real estate documents such as deeds.

Missouri has no general statute setting advance-notice hours for routine landlord entry, so the lease itself should spell out any entry-notice terms the parties agree to. The one notice duty set by statute is that the landlord must give the tenant reasonable notice of the date and time of the move-out deposit inspection, and the tenant may be present for it.

Federal law requires a lead-based paint disclosure for housing built before 1978 (42 U.S.C. Section 4852d). Missouri itself has no additional statute requiring a state-specific pre-lease disclosure, though the lease should still clearly state the landlord's name, address, and phone number as recommended practice.

A Missouri month-to-month tenancy can be ended, or the rent on it raised, with one full calendar month's written notice from either the landlord or the tenant (RSMo 441.060). A mobile-home lot lease under one year requires 60 days' notice instead. Missouri has no statewide or local rent control limiting how much rent can be raised.

Missouri has no statute capping late fees or requiring a grace period before one applies, so any late fee and grace period come from what the lease itself states. Because there is no statutory limit, it is worth confirming the late-fee terms are clearly written into the lease before signing.