Missouri Landlord Tenant Law

What is a lease?

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A lease is an agreement between a landlord and a tenant about the terms of renting a property. Leases cover such issues as how long the rental relationship will be, how much rent is due, and how a tenant may use the property. In Missouri, leases can be oral or written. However, due to a special rule, oral leases cannot be for more than one year and are usually considered month-to-month leases.

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What kinds of leases are there?

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There are two kinds of landlord tenant leases generally recognized under the law. The first is a one-year lease, typically found in standard lease agreements. Under such an agreement, the tenant agrees to pay rent monthly until the lease ends, at which time either the landlord or the tenant may terminate the lease. If the tenant continues to pay rent, and the landlord continues to accept it, the lease usually becomes a month-to-month lease. If the lease provides for automatic renewal, it may be found to require an additional year of letting. A month-to-month lease is one in which the landlord and tenant agree to rent on a monthly basis and any party can terminate the lease with thirty-days notice. However, there are special rules for mobile homes. See Missouri Revised Statute § 441.060.

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Should my lease be in writing?

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Most likely. It is always best to get an agreement in writing, but it is possible to have a lease for rented property on an oral basis. There are many resources online and in libraries for how to write a lease. Of course you may also want an attorney to draft your lease for you.

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When you are drafting your lease or preparing to sign one, think about these important issues:

How much is the rent;
When is the rent due;
Who is responsible for repairs;
Who is responsible for utilities, including electric, gas, and water;

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How can a Tenant End a Lease?

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If you are a tenant, and your lease has expired, you can usually end your lease by giving appropriate notice. If you lease has not naturally ended, and you breach your lease, you may be responsible for additional rent and you may loose your deposit.

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How can a Landlord End a Lease / How to Evict a Tenant

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If you are a landlord, there is a special process for ending a lease where the tenant intends to stay. Essentially, this is a process of providing notice to the tenant by letter or posting on the property that the landlord wishes to terminate the lease. However, this process is very specific and the statute should be read carefully. See Missouri Revised Statute § 441.065.

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Even if this process is followed, the landlord may still have to formally evict a tenant. Missouri's eviction laws can be found in several places throughout Missouri Revised Statutes. Click here to search those statutes. If you are a landlord, and you have never gone through the formal eviction process, you should probably consult an attorney for an introduction to the appropriate action to take. The eviction process is complicated because there are several kinds of cases that can be filed when evicting a tenant. However, which action depends on the individual facts and circumstances of each case. Finally, some courts, including Jackson County Circuit Court, have special landlord tenant courts and landlord forms that can be used to file an eviction action.

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*Note on Self-help and Wrongful Eviction: Self-help eviction, called Wrongful Eviction under the law, is when a landlord evicts a tenant by physically removing the tenant and/or his property without a court order. This can also occur if the landlord shuts off utilities for the purposes of getting a tenant out of the property. Self-help eviction is illegal in Missouri and a landlord who uses such methods can be subject to litigation for his actions.

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What is the rule on security deposits?

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Security deposits are primarily meant for the purpose of allowing the landlord to make repairs after a tenant has left that go above and beyond the normal wear and tear inherent in renting property. In addition, tenants who breach their leases may loose their deposits. If you are a landlord and you wish to withhold a tenant's deposit, please consult Missouri Revised Statute Section § 535.300. There is a very specific process of notice and documentation required for retaining deposits.

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Do I need a lawyer?

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Landlords: As previously mentioned, landlords who are dealing with the eviction process for the first time, should consult a lawyer. Ask your lawyer to teach you how to fill out the forms needed to file for an eviction. There are also some courts that have forms available for landlords who appear pro se.

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*Note on Corporations, Partnerships, and other Business Entities: If you are a landlord for property owned by a corporation, partnership or other legally recognized business entity, you cannot represent yourself in legal action, including landlord/tenant litigation. You have to hire an attorney to represent you.

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Tenants: If you are being evicted, have been wrongfully evicted, or have had your security deposit wrongfully withheld, you may want to contact an attorney. If you cannot afford an attorney, you can always represent yourself or contact legal aid.