Overview
Missouri tenants have a set of rights and protections established by state statute (Mo. Rev. Stat. §§ 441.005–441.880), federal law, and common law principles. While Missouri is generally considered a landlord-friendly state, tenants still have important protections related to habitability, discrimination, retaliation, and access to legal remedies.
This guide covers every key tenant right in Missouri, with practical guidance on how to identify violations and enforce your protections.
Key Takeaways
- Right to habitable housing — landlords must maintain units in reasonable repair
- Protection from illegal eviction — only a court can order an eviction
- Protection from retaliation — landlords cannot punish tenants for exercising legal rights
- Fair housing protections — discrimination based on protected classes is illegal
- Right to security deposit return — within 30 days, with itemized deductions
- Right to quiet enjoyment — freedom from unreasonable landlord interference
- Repair and deduct remedy — available in limited circumstances
- No statewide rent control — landlords may set and raise rent freely
Right to Habitable Housing
Missouri landlords have an implied warranty of habitability, meaning they must maintain rental units in a condition fit for human occupancy. This is one of the most fundamental tenant protections.
What Habitability Requires
Landlords must provide and maintain:
- Structural integrity: Sound roof, walls, floors, and foundation
- Weather protection: Windows and doors that close and lock properly
- Plumbing: Working toilets, sinks, and hot/cold running water
- Heating: Adequate heating system in working condition
- Electrical: Safe, functioning electrical systems and outlets
- Sanitation: Working sewage and trash disposal
- Common areas: Hallways, stairs, and shared spaces kept safe and clean
- Code compliance: The unit must meet all applicable local building and housing codes
What to Do If Your Unit Is Uninhabitable
- Notify the landlord in writing — describe the problem in detail, request repair, and keep a copy
- Give reasonable time to repair — emergency issues should be fixed immediately; non-emergency repairs within 14–30 days
- Document everything — take dated photos/video, keep copies of all written communication
- Contact local code enforcement — if the landlord does not respond, file a complaint with your city or county housing inspector
- Consider legal remedies — if the problem persists, consult a tenant rights attorney about repair-and-deduct, rent withholding, or lease termination
Repair and Deduct
Missouri does not have a comprehensive repair-and-deduct statute like some states. However, in certain municipalities (notably Kansas City and St. Louis), local ordinances may provide tenants with the right to make necessary repairs and deduct the cost from rent after proper notice and landlord failure to act.
Important: Before withholding rent or making deductions, consult with a tenant rights attorney or legal aid organization. Improperly withholding rent can be grounds for eviction.
cite: Mo. Rev. Stat. § 441.233
Protection from Illegal Eviction
Missouri tenants have a fundamental right to remain in their rental unit unless a court orders otherwise. Self-help evictions are illegal. A landlord may not:
- Change the locks to prevent the tenant from entering
- Shut off utilities (water, gas, electricity, heat)
- Remove the tenant's personal belongings from the unit
- Threaten, harass, or intimidate the tenant to force them to leave
- Board up or make the unit uninhabitable to force the tenant out
If You Are Illegally Evicted
If your landlord engages in any of these practices:
- Call the police — illegal lockouts and utility shutoffs may constitute criminal offenses
- Document everything — take photos, keep records of dates and what happened
- Contact legal aid — you may be entitled to damages, including actual damages, court costs, and punitive damages
- File a complaint with the Missouri Attorney General's Consumer Protection Division
For details on the legal eviction process, see our Missouri Eviction Procedures guide.
Protection from Retaliation
Missouri law protects tenants from landlord retaliation. A landlord may not increase rent, decrease services, or take eviction action against a tenant because the tenant has:
- Reported a code violation to a government agency
- Complained about habitability to the landlord
- Exercised a legal right under Missouri law
- Organized or joined a tenant association
- Filed a complaint with a government agency regarding the landlord
How Retaliation Is Proven
If a landlord takes adverse action within a reasonable time after a tenant exercises a protected right, the court may presume the action was retaliatory. The burden then shifts to the landlord to prove a legitimate, non-retaliatory reason for the action.
Example: If you report a broken furnace to code enforcement and your landlord sends a notice to increase rent 2 weeks later, the court may presume retaliation.
Remedies for Retaliation
A tenant who proves retaliation may be entitled to:
- Reversal of the retaliatory action (rent increase voided, services restored)
- Actual damages suffered
- Court costs and reasonable attorney's fees
Fair Housing Protections
Missouri tenants are protected from housing discrimination under both state and federal law.
Protected Classes Under Missouri Law
The Missouri Human Rights Act (Mo. Rev. Stat. § 213.040) prohibits discrimination in housing based on:
- Race
- Color
- Religion
- National origin
- Sex
- Ancestry
- Disability
- Familial status (having children under 18)
Protected Classes Under Federal Law
The Federal Fair Housing Act adds additional protections and enforcement mechanisms. Together with Missouri law, it covers the same classes listed above.
What Constitutes Housing Discrimination
Landlords may not:
- Refuse to rent based on a protected class
- Set different terms, conditions, or privileges based on a protected class
- Make discriminatory statements in advertising (e.g., "no children," "English speakers only")
- Refuse reasonable accommodations for tenants with disabilities
- Refuse reasonable modifications to the unit for tenants with disabilities (at the tenant's expense)
- Sexually harass a tenant or applicant
- Retaliate against someone who files a fair housing complaint
Filing a Discrimination Complaint
If you believe you have been discriminated against:
-
Missouri Commission on Human Rights (MCHR)
- Online: labor.mo.gov/mohumanrights
- Phone: (573) 751-3325
- Filing deadline: 180 days from the discriminatory act
-
U.S. Department of Housing and Urban Development (HUD)
- Online: hud.gov/program_offices/fair_housing_equal_opp/online-complaint
- Phone: 1-800-669-9777
- Filing deadline: 1 year from the discriminatory act
cite: Mo. Rev. Stat. § 213.040
Right to Privacy and Quiet Enjoyment
Missouri tenants have the right to quiet enjoyment of their rental unit — meaning freedom from unreasonable interference by the landlord.
Landlord Entry
Missouri does not have a specific statute governing landlord entry. However, under common law:
- Landlords must provide reasonable notice before entering (typically 24 hours)
- Entry must be at reasonable times (generally during normal business hours)
- Entry must be for a legitimate purpose: repairs, inspections, emergencies, or showing the unit to prospective tenants or buyers
- Emergency entry (fire, flooding, gas leak) is permitted without notice
What to Do If Your Landlord Violates Your Privacy
- Document the unauthorized entries — note dates, times, and circumstances
- Send a written notice to the landlord requesting they comply with reasonable entry practices
- Contact legal aid if the landlord continues to violate your privacy
- Consider it a lease violation — persistent unauthorized entry may constitute constructive eviction, which could give you grounds to terminate the lease
Right to Security Deposit Return
Missouri tenants have the right to a timely and fair return of their security deposit:
- Return deadline: 30 days after vacating the unit
- Itemized statement: Required for any deductions
- Allowable deductions: Unpaid rent, damage beyond normal wear and tear, cleaning costs, and breach of lease
- Penalty for wrongful withholding: Up to 2x the amount wrongfully withheld, plus attorney's fees
For complete details, see our Missouri Security Deposit Laws guide.
Right to Essential Services
Missouri landlords are required to maintain essential services throughout the tenancy. They may not:
- Shut off water, heat, electricity, or gas to force a tenant to vacate
- Fail to pay utility bills that are the landlord's responsibility, resulting in shutoffs
- Allow the premises to become uninhabitable through neglect
If essential services are cut off:
- Contact the utility company to determine if the landlord failed to pay
- Notify the landlord in writing and request immediate restoration
- If the landlord intentionally shut off services, this constitutes an illegal eviction — call the police and contact legal aid
Domestic Violence Protections
Missouri provides specific protections for tenants who are victims of domestic violence:
- A tenant who is a victim of domestic violence may request an early lease termination with proper documentation (such as a protective order or police report)
- Landlords cannot refuse to rent to someone solely because they are a victim of domestic violence
- Landlords cannot evict a tenant solely because of incidents of domestic violence at the property
Resources: Contact the National Domestic Violence Hotline at 1-800-799-7233 or the Missouri Coalition Against Domestic and Sexual Violence at (573) 634-4161.
Knowing Your Rights: Common Scenarios
Scenario 1: Landlord Won't Fix the Heat
Your landlord has an obligation to provide adequate heating. Steps to take:
- Notify the landlord in writing immediately
- If no response within 24 hours (emergency), contact local code enforcement
- Document the lack of heat with dated photos and temperature readings
- Contact legal aid for guidance on remedies
Scenario 2: Landlord Raises Rent After You Complained
If you complained about a maintenance issue and the landlord increased your rent shortly after, this may be retaliation:
- Document the timeline (complaint date, rent increase notice date)
- Send a written objection citing retaliation protections
- Contact legal aid or the Missouri Attorney General if the landlord persists
Scenario 3: Landlord Enters Without Notice
Your landlord enters your apartment repeatedly without notice or permission:
- Send a written notice requesting 24-hour advance notice for non-emergency entry
- Document each unauthorized entry with dates and times
- If it continues, contact legal aid — persistent unauthorized entry may justify lease termination
Tenant Rights Checklist
Know your core rights as a Missouri tenant:
- Your unit must be maintained in habitable condition
- Only a court can evict you — self-help evictions are illegal
- Your landlord cannot retaliate against you for exercising your rights
- You are protected from discrimination based on race, color, religion, national origin, sex, ancestry, disability, and familial status
- Your security deposit must be returned within 30 days with an itemized statement
- Your landlord must provide reasonable notice before entering your unit
- Essential services (water, heat, electricity) cannot be shut off to force you out
- You have the right to a safe, clean, and functional rental unit
Related Missouri Resources
- Missouri Landlord-Tenant Law Overview — Full coverage of all landlord-tenant topics
- Missouri Security Deposit Laws — Deposit limits, return timelines, and dispute resolution
- Missouri Eviction Procedures — Notice requirements, court process, and tenant defenses
- Missouri Lease Agreements — Lease requirements, disclosures, and termination
- Missouri Commission on Human Rights — File a housing discrimination complaint
- Missouri Attorney General — Landlord/Tenant Law — Official state resource with complaint filing
- Legal Aid of Western Missouri — Free legal assistance for qualifying tenants
- Legal Services of Eastern Missouri — Free legal assistance for qualifying tenants
Frequently Asked Questions
What rights do tenants have in Missouri?
Missouri tenants have the right to habitable housing, protection from illegal eviction, protection from retaliation, fair housing protections, timely return of security deposits, quiet enjoyment, and essential services. While Missouri is generally landlord-friendly, these core protections are enforceable by law.
Can a landlord enter my apartment without permission in Missouri?
Missouri has no specific statute on landlord entry, but common law requires reasonable notice (typically 24 hours) and a legitimate purpose. In emergencies, the landlord may enter without notice. If your lease specifies a notice period, that governs.
What can I do if my landlord is not making repairs in Missouri?
Notify the landlord in writing, give reasonable time to repair, document everything, and contact local code enforcement if needed. If the landlord still fails to act, consult a tenant rights attorney about your options, which may include repair-and-deduct (in some municipalities), rent withholding, or lease termination.
Is Missouri a landlord-friendly or tenant-friendly state?
Missouri is generally considered landlord-friendly compared to states like California or New York. There is no rent control, no specific statute on landlord entry notice, and the repair-and-deduct remedy is limited. However, tenants still have important protections for habitability, anti-discrimination, anti-retaliation, and security deposit return.
Can a landlord raise rent by any amount in Missouri?
Yes. Missouri has no rent control laws. For month-to-month tenancies, the landlord must provide 30 days' written notice of a rent increase. During a fixed-term lease, the landlord generally cannot raise rent unless the lease includes a specific provision allowing it. However, rent increases cannot be retaliatory or discriminatory.
How do I file a housing discrimination complaint in Missouri?
File with the Missouri Commission on Human Rights (MCHR) within 180 days of the discriminatory act, or with HUD within 1 year. You can file online, by phone, or in person. You do not need a lawyer to file a complaint.
Can my landlord evict me for complaining about repairs?
No. Evicting a tenant for reporting code violations, complaining about habitability, or exercising any legal right is considered retaliatory and is prohibited under Missouri law. If you believe you are being retaliated against, document the timeline and contact legal aid.
What happens if my landlord shuts off my utilities?
Shutting off utilities to force a tenant to leave is an illegal eviction in Missouri. Call the police, document the shutoff, and contact legal aid immediately. You may be entitled to damages, including actual damages, court costs, and potentially punitive damages.