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Missouri Roommate Agreement

The Missouri rules that shape the document: an unapproved roommate is legally a subtenant, the landlord's lighter ten day removal remedy, and no rule on splitting rent or deposits.

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Introduction

A roommate agreement is a contract between co-tenants who share a home. It is not a lease, and it does not bind the landlord or change any term of the lease the tenants signed. In Missouri, the defining rule runs through the landlord, not the roommates: RSMo Section 441.030 treats anyone added to the unit without the landlord's written assent as a subtenant of the original tenant, not a co-tenant, and RSMo Section 441.040 gives the landlord, not the other roommate, a lighter ten day reentry and ouster remedy against that unauthorized subtenant, short of a full Chapter 534 unlawful detainer suit. Missouri has no lodger statute, no statute granting a right to add a roommate, and no statute setting a default on joint and several rent liability or splitting a security deposit among roommates, so this agreement, together with the lease, is what actually governs those questions.

Key Things to Know

  1. 1

    Missouri law (RSMo Section 441.030) treats anyone added to the unit without the landlord's written assent as a subtenant of the original tenant, not a co-tenant, and RSMo Section 441.040 gives only the landlord, never the other roommate, a lighter ten day reentry and ouster remedy against that unauthorized subtenant.

  2. 2

    Missouri has no lodger statute. RSMo Section 441.005(6) defines only a single occupant category, tenant, turning on the landlord's consent, so there is no owner-occupier shortcut like California's for removing a roommate.

  3. 3

    Outside the narrow unauthorized-subtenant situation in 441.030, removing an occupant who holds over requires the landlord to bring a standard unlawful detainer action under RSMo Chapter 534, Section 534.030, not a faster process.

  4. 4

    Neither roommate may use self-help, such as changing locks, shutting off utilities, or removing belongings, to remove the other. RSMo Section 441.233 bars only landlord self-help; no Missouri statute gives a co-roommate any self-help power either.

  5. 5

    No Missouri statute sets a default rule on whether roommates are jointly and severally liable for rent. The lease controls what the landlord can collect from each tenant, so this agreement should state each roommate's payment share explicitly.

  6. 6

    Missouri's security deposit statute, RSMo Section 535.300.2, speaks only of returning the deposit to the tenant in the singular, with no mechanism for splitting it among roommates, so this agreement is what actually governs that split.

  7. 7

    Missouri's fair housing law exempts an owner-occupied dwelling of four or fewer independently living units from most discrimination bans (RSMo Section 213.040.13(2)), mirroring the federal exemption, but the exemption does not cover the advertising ban, so a roommate ad still may not discriminate.

Key decisions before you file

Before you file a Roommate Agreement in Missouri, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.

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MISSOURI Roommate Agreement (Compact State Terms)

Use this compact set with the full national Roommate Agreement template, which covers the general co-tenant provisions on parties, rent division, shared expenses, chores, guests, and quiet hours. What follows covers only what Missouri law changes. This Agreement is between the co-tenants named in it. It is not a lease, and it does not bind the landlord or alter the lease.

1. Governing Law. This Agreement is governed by the laws of the State of Missouri.

2. An Unapproved Roommate Is a Subtenant, Not a Co-Tenant. Under RSMo Section 441.030, no tenant may assign or transfer the tenancy, or any part of it, to another person without the landlord's written assent. A Roommate added without that assent is legally a subtenant, not a co-tenant. The parties confirm the landlord's written assent has been or will be obtained before a new Roommate moves in.

3. The Landlord's Lighter Removal Remedy Belongs to the Landlord. RSMo Section 441.040 lets a landlord who discovers an unauthorized subtenant under 441.030 give ten days notice, then reenter and oust that subtenant, lighter than a full unlawful detainer suit. This remedy belongs only to the landlord. No Roommate may invoke it against another Roommate.

4. No Lodger Law; Standard Eviction Applies Otherwise. Missouri has no lodger statute. Outside the narrow situation in Section 441.040, removing an occupant who will not leave requires the landlord to bring a standard unlawful detainer action under RSMo Section 534.030. No statute creates a faster process a Roommate may use against another.

5. No Self-Help Removal Between Roommates. No Party shall change the locks, shut off utilities, or remove another Party's belongings to force that Party out. RSMo Section 441.233 bars this kind of self-help by a landlord; no statute authorizes it for a Roommate, and the parties agree not to attempt it.

6. Rent Liability to the Landlord. No Missouri statute sets a default rule on whether Roommates who sign the same lease are jointly and severally liable to the landlord for rent. The lease controls what the landlord may collect from each tenant. The parties agree to reimburse each other as follows: [specify each Roommate's share].

7. Security Deposit Between Roommates. RSMo Section 535.300.2 addresses only the landlord's duty to hold and return the deposit to the tenant, described in the singular, and does not apportion it among multiple Roommates. The parties agree the deposit will be contributed and, on move-out, divided as follows: [specify split and process].

8. Roommate Selection. Missouri's fair housing law, RSMo Section 213.040, exempts an owner-occupied dwelling of four or fewer independently living units, where the owner occupies one unit, from most discrimination bans (Section 213.040.13(2)). That exemption does not cover the ban on discriminatory advertising, so a roommate ad may not discriminate even where the exemption applies to selection.

9. This Agreement Does Not Bind the Landlord. This Agreement is a contract solely between the Roommates. It does not modify the lease, add any Roommate to the lease, or obligate the landlord. Any change to who is a tenant of record must be made directly with the landlord.

This compact Missouri set supplements the national Roommate Agreement template. It is general information, not legal advice; attorney review is available.

Missouri Requirements for Roommate Agreement

Missouri Unapproved Roommate Is a Subtenant, Not a Co-Tenant

RSMo Section 441.030 bars a tenant from assigning or transferring the tenancy without the landlord's written assent. A roommate added without that assent is legally a subtenant of the original tenant, not a co-tenant. Confirm the landlord's written assent before treating a new occupant as a roommate under this document.

Missouri Landlord-Only Removal Remedy Under RSMo 441.040

RSMo Section 441.040 gives a landlord who discovers an unauthorized subtenant a lighter ten day reentry and ouster remedy, but that remedy belongs to the landlord alone. State clearly that no roommate may invoke it or use it as a basis to remove another roommate.

Missouri Has No Default Rule on Joint Rent Liability

No Missouri statute sets a default rule on joint-and-several liability for rent among roommates. Draft the payment clause to state each roommate's share explicitly rather than relying on an assumed Missouri default; the lease governs what the landlord can collect.

Missouri Has No Statutory Deposit-Apportionment Rule

RSMo Section 535.300.2 addresses only the landlord's handling of the deposit for the tenant, described in the singular, with no statutory division among roommates. Include a clause setting each roommate's contribution and the move-out division.

Missouri Fair Housing Exemption Does Not Cover Advertising

RSMo Section 213.040.13(2) exempts an owner-occupied dwelling of four or fewer independently living units from most discrimination bans, but that exemption does not reach the ban on discriminatory advertising. A roommate ad may not discriminate even where the exemption applies to selection.

Frequently Asked Questions

It is a contract between co-tenants who share a home in Missouri. It divides rent and expenses, sets house rules, and addresses issues like the security deposit and what happens if a roommate leaves. It is separate from the lease and does not involve the landlord.

The agreement itself is between roommates and does not require landlord approval to sign. But adding a roommate to the unit does. RSMo Section 441.030 bars a tenant from assigning or transferring any part of the tenancy without the landlord's written assent, so get that assent before the roommate moves in.

Under RSMo Section 441.030, a roommate added without the landlord's written assent is legally a subtenant of the original tenant, not a co-tenant on the lease. Getting the landlord's written assent is what changes that status.

Not by another roommate. Missouri has no lodger law and no statute letting one roommate remove another directly. RSMo Section 441.040 gives the landlord a lighter ten day reentry process against an unauthorized subtenant, but that remedy belongs to the landlord alone; outside that narrow situation, removal requires a standard unlawful detainer suit under Chapter 534.

RSMo Section 441.040 lets a landlord who finds an unauthorized subtenant under Section 441.030 give ten days notice to vacate, then reenter and oust that subtenant, which is lighter than a full unlawful detainer suit. It is exclusively a landlord remedy. A roommate has no legal power to invoke it against another roommate.

No. A Missouri roommate agreement is a contract only between the roommates. It does not bind the landlord, does not change the lease, and does not add anyone as a tenant of record. Adding or removing a tenant on the lease is a separate matter between the tenant and the landlord.

Missouri has no statute setting a default rule on this. Whether roommates owe the landlord the full rent if one stops paying depends on the lease itself. Because Missouri law does not fill this gap, the roommate agreement should state each person's payment share and responsibility explicitly.

Missouri law does not say. RSMo Section 535.300.2 addresses only the landlord's duty to hold and return the deposit to the tenant, described in the singular, with no mechanism for dividing it among roommates. The roommate agreement is what actually governs how the deposit is divided.

Missouri's fair housing law exempts an owner-occupied dwelling of four or fewer independently living units from most discrimination bans (RSMo Section 213.040.13(2)), mirroring the federal exemption for shared living situations. That exemption does not extend to the ban on discriminatory advertising, so a roommate ad still may not discriminate.