The Missouri Rental Lease Agreement Forms are legal documents, that allow a property owner or manager to temporarily cede control of their property to another party, known as a tenant. There are a variety of leases, depending on the type of property, what it is going to be used for and how long the tenant intends to remain, but what follows are the most common ones. In order to sell or lease property in Missouri, you will need a Real Estate Broker License.
Regardless of the type and length of a lease, it should be read carefully. Residential leases are legally required to contain simple, easy to read language, to minimize the risk of a misunderstanding, but they too should be read carefully so that a tenant does not accidentally break it due to inattention to detail.
Form Description Types
Missouri Rental Laws
- Missouri Revised Statutes, Chapters 441 and 535
Most landlords will want to charge a security deposit, to account for the possibility that a tenant will leave without paying rent or to pay for any reasonable wear and tear a property sustains during a tenancy. In Missouri a landlord can charge a maximum of two (2) months rent for a security deposit. Once a tenant has moved out, a landlord is required to return the security deposit within thirty (30) days.
There is no legal limit to how much a landlord can charge for rent in Missouri, as there are no areas with rent control in the state. Regardless of the kind of lease, all of the rules for rent (how much it is, when it is due, etc.) will be laid out in the lease.
If a tenant fails to pay the rent on time and in full, they may risk accruing a late fee. Under Missouri state law, there is no maximum amount to how much a landlord can charge for a late fee, but their late fee policy must be clearly spelled out in the lease itself, or else a late fee cannot be charged, no matter how little it is.
Under a Month to Month Lease, a landlord can alter the rent at their discretion by giving the tenant one (1) month’s notice. Under a One Year or longer lease, a landlord cannot alter the rent at all, unless there is a clause in the rent that causes a rent increase.
If the tenant violates the law by using the property for narcotics, prostitution or gambling, sublets without the landlord’s permission or causes serious damage to the property, the landlord may issue an Unconditional Quit Notice, giving the tenant ten (10) days to move out before the landlord can file for eviction.
Once the landlord has given the tenant ten days to vacate the property, the landlord can file for eviction. At this point the local court system will hold a hearing and the tenant will have the opportunity to defend themselves and their actions. If the landlord is successful, the tenant will be served with an Eviction Notice.
Until the tenant has been served with an Eviction Notice, the landlord cannot change the locks, tamper with utilities, install a deadbolt or otherwise try to force the tenant to leave the property.
Rental discrimination (IE refusing to lease, altering rent, denying a unit is available when it is, ending a lease) against the following parties is illegal in Missouri:
- race, color, national ancestry, religion, sex, family status, physical or mental disability
- note that age, gender identity and sexual orientation
Landlord’s Right to Enter
As there are no laws in Missouri specifically covering a landlord’s right to enter, it is governed by good sense and manners, referred to as Common Law. As such it is customary to give the tenant at least a full day’s notice before entering the property to make non-emergency repairs or inspections. Obviously this is suspended in an emergency.