Missouri landlord-tenant law lives mainly in three chapters of the Revised Statutes: Chapter 441 covers general landlord-tenant rules, Chapter 534 handles forcible entry and unlawful detainer, and Chapter 535 sets the procedure for rent and possession actions.1Missouri Revisor of Statutes. Missouri Code 441.005 – Definitions Together they cap security deposits at two months’ rent, require a court order for every eviction, and set the notice periods for ending a lease. Federal law adds fair housing protections and a lead-paint disclosure duty on older buildings. Cities and counties can layer their own rental registration or inspection rules on top, but they cannot weaken what the state guarantees.
Security Deposits
A Missouri landlord cannot collect a security deposit larger than two months’ rent.2Missouri Revisor of Statutes. Missouri Revised Statutes 535.300 – Security Deposits If rent is $1,200 a month, the most the landlord can hold is $2,400. The deposit has to sit in a bank, credit union, or other federally insured institution, and any interest it earns belongs to the landlord.
When the tenancy ends, the landlord has 30 days to either return the deposit in full or send an itemized list of deductions along with whatever balance is left. Deductions are limited to three categories: unpaid rent, the cost of restoring the unit to its move-in condition (minus normal wear and tear), and actual losses caused when a tenant leaves without the required termination notice, provided the landlord made a reasonable effort to re-rent.
A landlord who wrongfully keeps any portion of the deposit owes the tenant double the amount withheld. That penalty makes sloppy accounting expensive.
Before the walk-through, the landlord has to give the tenant reasonable written notice of when the post-move-out inspection will happen, and the tenant has a right to be there. Showing up is one of the smartest things a tenant can do, because a witnessed inspection makes later disputes far easier to resolve.
The two-month cap applies to refundable deposits. Some landlords charge a separate non-refundable pet fee, which does not count against the cap because it is not a “security deposit” under the statute. A refundable pet deposit does count. Read the lease carefully to see which you are paying. Landlords cannot charge either a pet fee or a pet deposit for a tenant’s disability-related assistance animal.
If the lease is going to charge the tenant for carpet cleaning at move-out, the lease itself has to say so.
Rent, Late Fees, and Increases
Missouri has no rent control and no cap on how much a landlord can charge. Under a fixed-term lease, the rent stays put until the term ends. Under a month-to-month tenancy, the landlord can raise the rent with one month’s written notice, the same period required to end the tenancy.3Missouri Revisor of Statutes. Missouri Revised Statutes 441.060 – Tenancy at Will, Sufferance, Month to Month, How Terminated
The state also has no specific cap on late fees for residential rentals. Courts generally require them to be reasonable rather than punitive, and a fee that looks more like a penalty than a genuine estimate of the landlord’s cost may not be enforceable. Late charges of 20% or more of the monthly rent are worth scrutinizing before signing.
Habitability and Repairs
Every residential landlord in Missouri carries an implied warranty of habitability. The Missouri Court of Appeals established that a tenant’s duty to pay rent depends on the landlord actually keeping the property livable.4Justia Law. King v. Moorehead At minimum, the unit must have working plumbing, adequate heat, and sound structural integrity.
Repair and Deduct
Section 441.234 gives tenants a narrow self-help remedy, but the eligibility rules are strict. To use repair-and-deduct, a tenant must have lived in the unit at least six consecutive months, be current on rent, have no unresolved written lease violations, and be dealing with a condition that violates a local housing or building code.5Missouri Revisor of Statutes. Missouri Revised Statutes 441.234 – Tenant May Deduct Cost of Repair of Rental Premises From Rent, When
The tenant sends written notice of the problem and the intent to repair at the landlord’s expense. The landlord then has 14 days to fix it. If the landlord disputes the need for the repair in writing, the tenant has to get written certification of the violation from the local code-enforcement authority, and the landlord gets another 14 days from the certification date or the original notice, whichever is later.
The dollar limits are tight. A single repair cannot exceed $300 or half a month’s rent, whichever is greater, and it can never exceed one full month’s rent. Total deductions in any 12-month period are capped at one month’s rent. The work must be done by a qualified professional, the tenant must give the landlord an itemized receipt, and the remedy is unavailable for damage the tenant or the tenant’s household caused.
Landlord Entry
Missouri has no statewide statute requiring a specific amount of notice before a landlord enters a rental. Many leases include a notice clause, and some cities impose 24- or 48-hour requirements, but those vary. When the lease is silent and no local rule applies, the common-law expectation is entry at reasonable times for legitimate purposes such as repairs or inspections. A tenant who wants a clear rule should negotiate an entry-notice provision into the lease before signing.
Ending a Tenancy
Month-to-Month
Either side can end a month-to-month tenancy by delivering written notice at least one month before the next rent due date. If rent is due on the first and the tenant wants to leave June 30, notice must reach the landlord by May 31. Oral notice does not count.
Year-to-Year
A year-to-year tenancy requires at least 60 days’ written notice before the end of the current lease year, or it renews automatically for another year.6Missouri Revisor of Statutes. Missouri Revised Statutes 441.050 – Tenancy From Year to Year, How Terminated For a January 1 through December 31 lease, the deadline is November 1.
Abandonment
When a tenant disappears, the landlord can treat the unit as abandoned once three conditions are met: rent has gone unpaid for at least 30 days, the landlord reasonably believes the tenant has left with no intent to return, and the landlord posts written notice on the unit and mails it to the tenant’s last known address by both first-class and certified mail.7Missouri Revisor of Statutes. Missouri Code 441.065 – Abandonment of Rental Premises, When, Procedure The tenant has 10 days from the date of both posting and mailing to respond in writing or pay the overdue rent. If neither happens, the landlord can re-enter and remove the tenant’s belongings.
Active-Duty Military
The federal Servicemembers Civil Relief Act lets active-duty members break a residential lease early without penalty. Coverage extends to servicemembers who signed the lease before entering active duty and will serve at least 90 days, and to those who signed while on active duty and later received deployment or permanent-change-of-station orders for more than 90 days.8Office of the Law Revision Counsel. 50 USC 3955 – Termination of Residential or Motor Vehicle Leases The tenant delivers written notice with a copy of the orders; the lease ends 30 days after the next rent due date following delivery. No early-termination fee is allowed, and dependents on the same lease are covered.
Domestic Violence Survivors
A tenant who is a victim of domestic violence, sexual assault, or stalking may vacate before the lease expires without owing rent for the remaining term, after notifying the landlord and providing requested supporting documentation. The landlord may charge a reasonable termination fee, and the tenant has an affirmative defense against a suit for future rent.9Missouri Revisor of Statutes. Missouri Code 441.920 – Court-Ordered Eviction
Fair Housing and Assistance Animals
Federal law bars landlords from refusing to rent, setting different terms, or otherwise discriminating based on race, color, religion, sex, national origin, familial status, or disability.10Office of the Law Revision Counsel. 42 USC 3604 – Discrimination in the Sale or Rental of Housing Missouri’s Human Rights Act mirrors those protections and adds ancestry.11Missouri Revisor of Statutes. Missouri Code 213.040 – Unlawful Housing Practices
The disability piece trips up landlords more than almost anything else. Under the Fair Housing Act, a landlord must grant a reasonable accommodation for a tenant who needs a service animal or emotional-support animal, even if the property has a no-pets policy, and cannot charge a pet deposit or pet fee for that animal.12U.S. Department of Housing and Urban Development (HUD). Assistance Animals Denial is limited to cases where the specific animal poses a direct safety threat or would cause significant property damage, and the landlord carries the burden of proof.
Lead-Paint Disclosure
For any rental built before 1978, federal law requires the landlord to disclose known lead-based paint hazards before the tenant signs. That means handing over any available inspection reports and providing the EPA pamphlet “Protect Your Family from Lead in Your Home.”13Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property Both sides sign a disclosure form confirming the exchange. A landlord who knowingly skips the step faces civil penalties up to three times the tenant’s actual damages, plus attorney fees.
The Eviction Process
Missouri landlords cannot change the locks, shut off utilities, or move a tenant’s things out. The only legal path is through the courts, and Missouri has two eviction actions, each for a different situation.
Rent and Possession vs. Unlawful Detainer
A Rent and Possession action under Chapter 535 is for unpaid rent. The landlord must first demand payment; if the tenant does not pay, the landlord files a verified petition with the Associate Circuit Court in the county where the property sits.14Missouri Revisor of Statutes. Missouri Code 535.020 – Procedure to Recover Possession
An Unlawful Detainer action under Chapter 534 applies when a tenant stays after the lease has ended or been terminated for reasons other than nonpayment. This action requires proof that the landlord properly served a notice to quit or demand for possession before filing.15Missouri Revisor of Statutes. Missouri Code 534.020 – Forcible Entry and Detainer Defined
Filing, Service, and Hearing
The petition names every adult in the unit, the exact address, the lease terms, and the total amount owed through the filing date. Filing fees vary by county, generally running from roughly $35 to $100. After filing, the court issues a summons that must be served on the tenant at least four days before the court date.16Missouri Revisor of Statutes. Missouri Code 535.030 – Service of Summons A sheriff or licensed private process server handles delivery.
In a Rent and Possession case, the court date must be no more than 21 business days from the date the summons is issued. At the hearing, the judge reviews the evidence and decides whether to grant possession and a money judgment. If the landlord wins, the tenant has 10 days to request a new trial or file an appeal.
An appeal does not automatically pause the eviction. To stay in the unit during the appeal, the tenant must post a bond covering all damages, costs, and rent already owed, and keep paying rent into court as it comes due.17Missouri Revisor of Statutes. Missouri Code 535.110 – Applications for Trials De Novo and Appeals Most tenants facing eviction for nonpayment cannot meet that requirement, so the judgment usually becomes final and enforceable after 10 days.
Writ of Execution
If the tenant does not leave or appeal within 10 days, the landlord requests a Writ of Execution. The sheriff posts the writ on the door, and if the tenant still does not vacate, the sheriff physically removes the tenant and the tenant’s belongings. Timing varies by county, but the sheriff’s action typically comes a few days to a week after the writ issues. The landlord may never carry out the removal without the sheriff.