Missouri Tenants' Rights

Missouri tenant rights are established primarily by Missouri Revised Statutes Chapter 441 and were enacted for the first time in 1997. According to the Missouri Attorney-General's website, "Landlord-tenant disputes are a common occurrence. ... Some of these disputes could be avoided if landlords and tenants were aware of their rights and responsibilities."

Security Deposits

A landlord may not require a security deposit larger than two month's rent. Tenants have the right to sue a landlord who illegally withholds all or part of your deposit, and recover twice the amount that was withheld.

When your lease expires, a landlord must return the deposit within 30 days and include an itemized list of damages that caused any part of the deposit to be withheld ("damages" does not include "normal wear and tear"); and notify the tenant of the date and time when the landlord will inspect the vacated unit.

Lease Review

You have the right to review the lease and ask for changes to parts you may not like. If changes are made, make sure that both copies show the changes clearly and that both parties have initialed the change.

Make sure you understand everything in the lease. According to the Missouri Attorney- General's website, "A tenant is not excused from honoring a lease simply because he does not understand or did not read it."

Withholding Rent

Tenants may make repairs to a unit and deduct those costs from their rent, with restrictions: The amount withheld can be no more than $300 or one-half one month's rent, whichever is greater; ahe tenant must have lived in the unit for at least six months; all previously owed rent has been paid; there are no lease violations; the tenant has notified the landlord and allowed at least 14 days for the landlord to respond; and the tenant has received notice from city building inspectors that the repair issue violates city building codes.

Termination and Eviction

If you have an oral agreement to rent a unit, you and the landlord must give one calendar month's notice to terminate tenancy. Oral leases are only enforceable month-to-month ; you must have a written lease to enforce a one-year lease. A written lease requires 60 days' notice before the end of the lease year from you or the landlord to terminate tenancy.

If you rent a mobile home lot, the landlord must provide 60 days' written notice to terminate a lease that is less than one year. Tenants who are military personnel may terminate a lease with 15 days' notice if they receive a permanent change of station or temporary duty at least 25 miles away for 90 days or more; are discharged from active duty; or if they are ordered to live in government housing.

A landlord can only evict a tenant through a court order. Landlords may not shut you out of your unit by changing locks or turning off utilities before a legal eviction has taken place.

Discrimination

It is illegal for a landlord to charge higher rent, refuse to rent a unit, or falsely state that a unit is not available because of your race, color, religion, gender, disability status, marriage or family status, or national origin. If you feel you've been victimized in any of these ways, contact one of these agencies to file a complaint:

Missouri Human Rights Commission
Toll-free: [phone]
Jefferson City: [phone]
St. Louis: [phone]

U.S. Department of Housing and Urban Development
Housing Discrimination Hot Line
[phone]

For residents of St. Louis city and St. Louis, St. Charles, Franklin and Jefferson counties:

Metropolitan St. Louis Equal Housing Opportunity Council
[phone] or [phone]

References

• Guide to Missouri Landlord-Tenant Law
• Terminate a Written Lease
• Unlawful Locking Out or Turning Off Utilities

Resources

• Guide to Missouri Landlord-Tenant Law
• Missouri Revised Statutes
• Commission on Human Rights