Overview
Missouri law governs residential lease agreements through a combination of statutes (Mo. Rev. Stat. §§ 441.005–441.880 and § 535.185) and common law principles. While Missouri gives landlords and tenants significant freedom to negotiate lease terms, state law sets minimum requirements for disclosures, habitability, and tenant protections.
This guide covers everything landlords and tenants need to know about Missouri lease agreements, including what must be in writing, required disclosures, common lease provisions, and how to handle lease termination.
Key Takeaways
- Written lease required for agreements longer than 1 year (Statute of Frauds)
- Oral agreements are enforceable for month-to-month and short-term tenancies
- Required disclosures: Lead paint (pre-1978), landlord identity, known defects, meth contamination
- No rent control — landlords can set any rent amount
- Security deposit limit: 2 months' rent maximum
- 30-day notice required to terminate a month-to-month tenancy
- Late fees must be reasonable and specified in the lease
Written vs. Oral Leases
When a Written Lease Is Required
Under Missouri's Statute of Frauds, any lease for a term longer than one year must be in writing to be enforceable. This means:
- 12-month lease: Should be in writing (covers exactly one year)
- Multi-year lease: Must be in writing
- Month-to-month: Can be oral, but written is strongly recommended
Oral Lease Agreements
Oral leases are legally binding in Missouri for month-to-month and short-term arrangements. However, oral agreements create significant risks:
- Difficult to prove the agreed-upon terms in a dispute
- Ambiguity about responsibilities for repairs, utilities, and maintenance
- Harder to enforce late fee provisions or pet policies
Best practice: Always use a written lease, regardless of the tenancy duration. A written lease protects both parties and provides clear documentation if a dispute arises.
cite: Mo. Rev. Stat. § 432.010
Required Disclosures
Missouri landlords must provide the following disclosures to tenants before or at the time of signing the lease:
1. Lead-Based Paint Disclosure (Federal)
For properties built before 1978, landlords must:
- Disclose known lead-based paint hazards
- Provide the EPA pamphlet "Protect Your Family From Lead in Your Home"
- Include a lead disclosure form in the lease
- Allow 10 days for the tenant to conduct a lead inspection (if desired)
This is a federal requirement under 42 U.S.C. § 4852d.
2. Landlord/Agent Identity
Missouri law requires landlords to disclose:
- The name and address of the person authorized to manage the premises
- The name and address of the person authorized to receive notices and legal service of process
This information must be provided in writing to the tenant.
3. Known Material Defects
Landlords must disclose any known material defects that could affect the tenant's health or safety. This includes:
- Structural issues
- Plumbing or electrical problems
- Mold or water damage
- Pest infestations
- Any condition that could pose a health risk
4. Methamphetamine Contamination
If the property was previously used for methamphetamine production, the landlord must disclose this fact to the tenant. Missouri law requires the property to be professionally remediated before it can be rented, and the disclosure must be made in writing.
cite: Mo. Rev. Stat. § 535.185
Common Lease Provisions
While Missouri law does not dictate every lease term, the following provisions are standard in most residential leases:
Rent Terms
- Amount: Missouri has no rent control — landlords can set rent at any amount
- Due date: Typically the 1st of the month, but can be any date specified in the lease
- Payment method: Can be specified (check, electronic transfer, money order, etc.)
- Grace period: Not required by law, but commonly included (3–5 days)
Late Fees
Missouri does not have a statute that caps late fees. However, courts generally require that late fees be:
- Reasonable in relation to the landlord's actual damages from late payment
- Clearly stated in the lease agreement
- Not punitive — excessive late fees may be struck down by a court
Example: A $50 late fee on a $1,000/month rent is generally considered reasonable. A $500 late fee on the same rent would likely be considered punitive.
Security Deposit
- Maximum: 2 months' rent
- Return deadline: 30 days after the tenant vacates
- Itemized statement: Required with any deductions
For complete details, see our Missouri Security Deposit Laws guide.
Lease Duration and Renewal
- Fixed-term leases: Expire on the date specified in the lease. Neither party is required to give notice of non-renewal unless the lease states otherwise.
- Automatic renewal: Some leases include an auto-renewal clause that converts to month-to-month after the initial term. Review your lease carefully for this provision.
- Month-to-month: Either party may terminate with 30 days' written notice before the end of a rental period.
Landlord Entry
Missouri does not have a specific statute governing landlord entry. However, common law principles require:
- Reasonable notice before entering (typically 24 hours, though not codified)
- Reasonable times for entry (generally during normal business hours)
- Legitimate purpose: Repairs, inspections, emergencies, or showing the unit to prospective tenants
Tip: A well-drafted lease should specify the notice period and circumstances under which the landlord may enter. Most standard Missouri leases require 24 hours' notice except in emergencies.
Subletting and Assignment
Missouri law does not restrict subletting unless the lease specifically prohibits or limits it. If the lease is silent on subletting:
- The tenant may sublet without the landlord's consent
- However, the original tenant remains responsible for the lease obligations
Most written leases include a clause requiring landlord approval before subletting.
Landlord Obligations
Missouri landlords have the following obligations, whether or not they are stated in the lease:
Habitability
Landlords must maintain the rental unit in reasonable repair and comply with all applicable building and housing codes. This includes:
- Structural integrity (roof, walls, floors, foundation)
- Plumbing in working order
- Adequate heating
- Electrical systems in safe working condition
- Common areas maintained in safe, clean condition
- Compliance with local health and safety codes
Essential Services
Landlords may not intentionally shut off essential services (water, heat, electricity, gas) to force a tenant to vacate. Doing so is considered an illegal eviction.
Repairs
When a tenant reports a needed repair, the landlord must respond within a reasonable time. Missouri law does not specify an exact timeframe, but:
- Emergency repairs (no heat in winter, broken water pipe, gas leak): Should be addressed immediately
- Non-emergency repairs (broken appliance, minor plumbing issue): Typically 14–30 days is considered reasonable
Tenant Obligations
Tenants have the following obligations under Missouri law:
- Pay rent on time as specified in the lease
- Maintain the unit in a clean and safe condition
- Avoid damage beyond normal wear and tear
- Comply with lease terms (noise rules, pet policies, guest policies)
- Provide notice before vacating (as specified in the lease or 30 days for month-to-month)
- Allow landlord access for legitimate purposes with reasonable notice
Lease Termination
Ending a Fixed-Term Lease
A fixed-term lease ends on the date specified in the agreement. Generally:
- No notice required: Unless the lease specifically requires advance notice of non-renewal
- Auto-renewal clauses: If the lease auto-renews, the tenant must give notice before the renewal date to avoid being locked into another term
- Early termination: Breaking a fixed-term lease before it expires may result in liability for remaining rent, unless the lease includes an early termination clause or the tenant has a legal justification
Ending a Month-to-Month Tenancy
Either party may terminate a month-to-month tenancy by providing 30 days' written notice before the end of a rental period. The notice must:
- Be in writing
- Specify the date of termination
- Be delivered to the other party
Legal Justifications for Early Termination
Missouri tenants may have legal grounds to terminate a lease early in the following situations:
- Domestic violence: Missouri law provides protections for victims of domestic violence to terminate a lease early with proper documentation
- Uninhabitable conditions: If the landlord fails to maintain the unit in habitable condition after being notified, the tenant may have grounds to terminate
- Active military duty: The federal Servicemembers Civil Relief Act (SCRA) allows active-duty military members to terminate a lease with 30 days' written notice
- Landlord harassment or illegal entry: Repeated violations of the tenant's right to quiet enjoyment
Lease Agreement Checklist
Use this checklist to ensure your Missouri lease covers all essential terms:
- Full legal names of all tenants and the landlord/management company
- Property address and unit number
- Lease term (start date, end date, or month-to-month)
- Rent amount, due date, and accepted payment methods
- Late fee amount and grace period (if any)
- Security deposit amount and terms for return
- Utility responsibilities (who pays for what)
- Maintenance and repair responsibilities
- Rules for landlord entry (notice period, permitted purposes)
- Pet policy (allowed/not allowed, pet deposit, restrictions)
- Subletting/assignment policy
- Lead-based paint disclosure (if pre-1978)
- Landlord/agent identity and contact information
- Known defects disclosure
- Meth contamination disclosure (if applicable)
- Termination and renewal terms
- Signatures of all parties
Related Missouri Resources
- Missouri Landlord-Tenant Law Overview — Full coverage of eviction procedures, rent control, security deposits, and tenant rights
- Missouri Security Deposit Laws — Deposit limits, return timelines, and dispute resolution
- Missouri Eviction Procedures — Notice requirements, court process, and tenant defenses
- Missouri Attorney General — Landlord/Tenant Law — Official state resource with complaint filing
Frequently Asked Questions
Does Missouri require a written lease?
Only for leases longer than one year, per the Statute of Frauds. Month-to-month and short-term oral agreements are legally binding, but a written lease is strongly recommended for both parties' protection.
What disclosures must a Missouri landlord make?
Missouri landlords must disclose: lead-based paint hazards (pre-1978 properties), the landlord or agent's name and address, known material defects affecting health or safety, and any history of methamphetamine production on the property.
Can a landlord raise rent during a lease in Missouri?
For fixed-term leases, the landlord generally cannot raise rent until the lease expires, unless the lease includes a rent increase clause. For month-to-month tenancies, the landlord can raise rent with 30 days' written notice. Missouri has no rent control laws limiting the amount of increase.
How much notice is required to end a month-to-month lease in Missouri?
Either the landlord or tenant must provide 30 days' written notice before the end of a rental period to terminate a month-to-month tenancy.
Can a landlord enter my apartment without notice in Missouri?
Missouri does not have a specific statute on landlord entry. However, common law requires reasonable notice (typically 24 hours) and entry for a legitimate purpose. In emergencies (fire, flooding, gas leak), the landlord may enter without notice.
What happens if I break my lease early in Missouri?
You may be liable for the remaining rent through the end of the lease term. However, Missouri landlords have a duty to mitigate damages by making reasonable efforts to re-rent the unit. If the landlord finds a new tenant, your liability is reduced accordingly. Some leases include an early termination clause with a specific fee.
Are verbal lease agreements enforceable in Missouri?
Yes, for tenancies of one year or less. Oral leases create a month-to-month tenancy with the same basic rights and obligations as a written lease. However, proving the terms of an oral agreement in court is significantly more difficult.
Can a landlord charge any amount for late fees in Missouri?
Missouri does not cap late fees by statute, but courts require them to be reasonable and clearly stated in the lease. A late fee that is grossly disproportionate to the landlord's actual damages from late payment may be struck down as an unenforceable penalty.