Warrensburg & Knob Noster MO
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Basic Guide on Missouri’s Landlord-Tenant Law
This guide can help tenants, and landlords avoid disputes.
Disputes between landlords and tenants are common,
and many could be avoided if both parties better
understood Missouri law and were more aware
of their rights and responsibilities.
To help Missourians become better informed, we are
glad to provide this basic guide on Missouri’s
Landlord-Tenant Law and the rental process.
Click on one of the topics on the left to see more information
© 2011-2017 J&J Rentals. All rights reserved.
Landlord-tenant disputes are a common occurrence in the
renting process. Some of these disputes could be avoided if
landlords and tenants were aware of their rights and
responsibilities.
Tenants should:
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Pay rent on time.
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Use reasonable care and not damage property.
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Properly dispose of garbage.
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Refrain from taking on additional occupants or subleasing
without the landlord's written permission.
Landlords should:
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Make property habitable before tenants move in.
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Make and pay for repairs due to ordinary wear and tear.
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Refrain from turning off a tenant's water, electricity or gas.
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Provide written notice to tenants when ownership of the
property is transferred to a new landlord.
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Not unlawfully discriminate.
Put it in writing.
The best way to avoid later problems is to address issues in a
lease. Put it in writing who has to mow the lawn, fix a clogged
sink or pay the utility bills.
Laws passed in 1997 offer greater protection for tenants renting from
unresponsive landlords as well as more options for landlords to get rid of
drug dealers and destructive tenants.
Among the provisions:
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Authorizes county courts to order the quick removal of tenants involved
in drug-related criminal activity or violence, even when there is no
arrest. Prior written notice is not required to remove a tenant.
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Allows landlords to remove abandoned personal items once they have
complied with notice requirements.
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Makes a landlord guilty of forcible entry for willfully interrupting utility
service, unless it is done for health and safety reasons.
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Allows a tenant, under certain circumstances and after giving a landlord
14 days' notice, to deduct one-half month's rent or up to $300
(whichever is greater) for repair of code violations when a landlord
neglects property. This can be done once a year.
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Allows a landlord to double the rent when a tenant lets another person
take over the premises without the landlord's permission.
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Limits occupancy to two persons per bedroom except for children born
during the lease period.
Mobile Home Lots
The law requires landlords to give 60 days' notice before terminating leases
for mobile home lots when the lease is for less than one year.
Renters are bound either by an oral or written agreement.
Written agreements are more common and better protect the tenant and the landlord.
When a lease is signed by both parties, it becomes a binding legal contract. If any
party does not fulfill the terms of the lease, the person who defaults can be sued,
which can be expensive. A tenant is not excused from honoring a lease simply
because he or she does not understand or did not read it. When considering a
written lease agreement, tenants should: Read the entire contract and ask questions
or obtain a legal opinion about unclear provisions. Ask for changes. If tenants dislike
certain provisions in the lease, they have the right to ask landlords to amend the lease
with written changes. However if a landlord refuses, which he has a right to do, a
tenant must decide whether to sign the lease. If changes are made, both the tenant
and landlord should initial the changes. Do not rely on verbal statements. All promises
and agreements should be in writing for your protection.
Basic Lease Provisions
At a minimum the lease should include: Landlord's name, address and phone
number. Address of rental property. Amount of monthly rent. Rent due date and grace
period (if any). Amount of security deposit and conditions for its return. Length of lease.
Other Questions Before renting, tenants might get other questions answered or
address them in the lease:
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Who will pay for electricity, gas and water?
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What repairs and cleaning will the landlord do?
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What is the policy on keeping pets?
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Are fees charged for late payments?
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Who takes cares of the yard and removes snow?
Signed lease
A lease for one year or more must be written and signed by the tenant and landlord.
Oral Agreement
An oral agreement obligates the landlord and tenant for only one month. A landlord can
evict the tenant or raise rent with only one month's notice. Likewise, the tenant can
give notice to vacate on one month's notice. (One month's notice means a full calendar
month, and must include a full rental period. For example: If your rent is due on the
third day of the month, your rental period runs from the third of the month to the third of
the following month.) The tenant or landlord must give written notice to terminate the
tenancy. Oral notice from either party to the other is not valid.
Landlord Can End Lease
A landlord can end a lease: When a tenant doesn't pay rent. At the end of a written
lease. When a tenant damages property. When a tenant violates a condition of a
written lease. When a tenant is involved in criminal activity. Cyber law You can find the
state statutes at www.moga.mo.gov/statutesearch. landlord-tenant issues.
Leases specify a date on which the tenant must move. Neither the
landlord nor tenant is required to give notice. Some leases contain an
automatic renewal clause. These are automatically renewed unless the
tenant notifies the landlord he will move when the lease ends. Any
agreement between a tenant and landlord allowing the tenant to stay after
the lease ends should be in writing. Otherwise if there is a disagreement,
the tenant may be charged double rent.
Military Personnel Provisions
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Active-duty members of the armed forces may end a lease with 15
days' notice if they:
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Receive a permanent change of station.
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Receive temporary duty orders to a station at least 25 miles away for
90 days or more.
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Are discharged or released from active duty.
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Are ordered to live in government supplied quarters.
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Under these conditions, a tenant is entitled to a full refund of the
security deposit if other lease provisions have been met.
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Tenants in the military may have additional rights under the Service
Members Civil Relief Act.
If a tenant wishes to move out before a lease ends, he or
she may choose to sublease. This means leasing your lease
to another person who moves in and pays rent. However with
subleasing, you still are responsible to your landlord for the
original lease. You also can be held responsible for any
problems created by the new tenant.
Before subleasing to another individual, the tenant must get
the landlord's approval. Missouri law allows the landlord to
double the amount of rent if a tenant subleases without
approval.
If a tenant needs to move out before the lease terminates,
the lease may be canceled if the landlord approves. The
tenant and landlord must sign a statement that the lease has
been canceled by mutual agreement.
Remember, you need a written agreement to sublease or
cancel your lease.
Under Missouri law,
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A landlord can only require a maximum two months' rent
as a security deposit.
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At the end of the lease, the landlord has 30 days to
return the security deposit with an itemized list of
damages for which any portion of the deposit is kept.
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During that 30-day period, the landlord must notify the
tenant of the time and date when the landlord plans to
inspect the dwelling. The tenant has the right to be
present during the move-out inspection, which must be
conducted at a reasonable time.
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To avoid last-minute problems, tenants should ask the
landlord in what condition he expects the unit to be left.
Then allow plenty of time for cleaning.
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The landlord may keep all or part of a deposit to pay for
actual damages (not for normal wear and tear), unpaid
rent, or lost rent due to the tenant moving out without
adequate notice.
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The tenant may not use the security deposit to pay
the last month's rent.
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Remember to give the landlord your forwarding
address in writing. Otherwise, he or she may not be able
to send your deposit.
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If the landlord has wrongfully withheld all or part of a
deposit, the tenant may sue to recover up to twice the
amount wrongfully withheld.
One way to avoid problems with repairs is to have a written agreement,
preferably in your lease.
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The agreement should state which repairs are the landlord's
responsibility and which are the tenant's.
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The landlord should be responsible for repairs caused by ordinary
wear and tear and natural forces such as the weather.
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Tenants should pay for damages resulting from their own negligence
or the negligence of a guest.
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If repairs are needed, ask the landlord to make repairs within a
reasonable period of time.
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If repairs are not made, make a written request for the necessary
repairs and keep a copy of the letter.
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If the repairs still are not made, the tenant may seek legal assistance.
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If the dwelling becomes unsafe due to the repair problems, the tenant
should contact local health or housing authorities.
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If a tenant withholds rent payments until repairs are completed, the
renter may be in violation of the lease and may be subject to eviction.
Under very limited circumstances, the tenant may make repairs and
deduct the cost from rent if the tenant:
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Has lived on the property for at least six months.
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Has paid all rent owed.
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Is not in violation of the lease.
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Has notified the landlord of the problem and has allowed at least 14
days for the landlord to respond.
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Has, at the landlord's request, received verification from city
inspectors that the problem violates city code. If the landlord still does
not fix the code violation within 14 days of receiving the city's notice,
then the tenant can proceed with the repairs.
The amount of the repair must be verified by receipts. In most cases,
the cost of repair must be less than $300 or one-half month's rent
(whichever is greater), and can be done once a year.
A landlord may not evict a tenant without a court order.
The landlord may begin eviction proceedings if a tenant:
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Damages property.
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Fails to pay rent.
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Violates the terms of the lease.
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Injures the lessor or another tenant.
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Allows drug-related criminal activity on the premises.
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Fails to vacate at the end of the lease term.
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Gambles illegally on the property.
The tenant will receive a notice that an eviction lawsuit
has been filed and will have the opportunity to be heard in
court before any eviction.
A tenant may sue a landlord if all or part of the security
deposit is wrongfully withheld.
Landlords cannot refuse to sell, rent, sublease or otherwise
make housing available based on a renter's race, color,
religion, sex, disability, familial status or national origin.
Landlords also cannot charge some individuals higher rent or
falsely state that housing is not available for discriminatory
reasons. However, there are some exceptions to these rules.
If you believe you have been a victim of housing
discrimination, contact one of these agencies:
Missouri Human Rights Commission
Toll-free: 877-781-4236
Jefferson City: 573-751-3325
U.S. Department of Housing and Urban Development
Housing Discrimination Hotline: 800-669-9777