What a Landlord Can’t Do in Missouri: Know Your Rights

Did you know that Missouri is one of the least expensive states in the country? With a median monthly rent of $1,313, it can be an affordable place to move to. For landlords in Missouri, this affordability attracts tenants, offering opportunities to enjoy many perks like passive income, tax benefits, and flexibility to make decisions about your property.

However, Missouri landlords must abide by landlord-tenant laws. Our guide on what a landlord cannot do: Missouri edition can help tenants better understand their rights.

#1: Landlords Cannot Evict Active Duty Service Members From the Rental Property

The Servicemembers Civil Relief Act (SCRA), a federal law, allows active-duty service members to postpone eviction proceedings due to unpaid rent for a minimum of three months. This protection covers the service member’s dependents, like their spouse and children. An eviction can only push through if the landlord secures a court order.

This particular protection applies to eviction due to unpaid rent only. If the military tenant violates the rental agreement, they can be legally evicted from the rental unit. For example, if the tenant has a pet, even though the contract explicitly mentions that it’s not allowed, the military tenant can still be evicted.

#2: A Court Order is Required in the Eviction Process

Missouri landlords must follow Missouri eviction laws before a tenant is legally obligated to vacate the property. The process starts with the landlord providing a written notice of eviction, and they must wait for court orders that permit the eviction. Self-help actions are strictly prohibited in the state.

Evicting a tenant in Missouri can be time-consuming, and landlords should be prepared for a timeline that permits due process to be followed.

Missouri Landlord-Tenant laws are designed to be fair for all parties involved, and abiding by the rules is a legal mandate and a matter of respect and integrity. Attempting to evict a tenant without following the due process can result in severe penalties.

#3: Discrimination is Prohibited Under Missouri landlord-tenant Law

Missouri landlord-tenant law stipulates landlords aren’t allowed to base rental decisions on a person’s disability, color, nationality, familial status, race, sex, or religion. Landlords can’t refuse to rent a property, lie about the residence’s availability, charge different rates, or set unreasonable conditions to discourage a tenant from renting a specific property.

The housing market in Missouri has high ethical standards. It ensures prospective tenants are treated with fairness. Violating this law can result in a landlord paying hefty financial penalties and even more profound legal punishments.

#4: There is a Limit on the Permitted Amount for Security Deposits

Like most states, Missouri permits landlords to ask for a security deposit before the tenant moves into the property. However, the security deposit cannot exceed two months’ worth of rent. This limit is designed to reduce a tenant’s upfront costs while safeguarding the landlord from potential damages or lease violations.

Moreover, the landlord isn’t required to furnish a receipt for the security deposit, and they don’t have to pay interest for the deposit. However, the security deposit must be placed in a credit union, federally insured bank, or a legal financial institution.

#5: Cutting Off Utility Services is Not Allowed

Missouri landlord-tenant law deliberately bans the intentional discontinuation of basic utilities like gas, electricity or water to their tenants. They can’t cut off utilities as a coercive tactic to evict the tenant. Exceptions are only granted for emergencies or vital repairs where the temporary disruption is for the tenant’s safety.

On their part, tenants are permitted to withhold rent and take care of these maintenance lapses if needed. This permission shows that if the landlord fails to do their duty of taking care of repairs, there will be consequences.

#6: There Should be a Reasonable Notice Before a Landlord Enters a Rental Property

Missouri landlord-tenant laws have no formal regulations regarding landlord entry. Landlords and tenants usually set an agreement in the lease contract. In general, landlords are permitted to go inside the rental property to conduct maintenance and repairs, plus emergencies.

However, it’s only considered fair if the landlord provides a notice of at least 24 to 48 hours before entering the property. Exceptions can be made for emergencies.

#7: Landlords Must Issue Mandatory Disclosures

Missouri law stipulates that landlords must furnish potential tenants with disclosures before the lease period begins or before tenants pay rent for the first time. The landlord must disclose if the property has any lead-based paint. If the property was built before 1978, the landlord must share if it has lead paint concentrations.

Landlords must also be transparent regarding authorized agents. They must supply the names and addresses of persons involved in the property management and ownership. His or her business address must be shared in case the tenant needs help.

#8: A Proper Notice is Needed for Oral Lease Agreements

Oral lease agreements are legal under Missouri law. This arrangement usually covers month-to-month tenancy, providing landlords and tenants some flexibility. A landlord or tenant notice should be provided a month before the intended termination date to terminate this lease agreement.

Landlords in Missouri should know that just because there’s no written contract doesn’t mean they can disregard state regulations. A written notice must be provided before any changes, like subleasing to help the tenant afford a month’s rent, can take effect.

#9: Rent Increases Must be Justified

Missouri has no rent control laws and prohibits its cities and towns from creating rent control laws. However, this doesn’t mean landlords can increase a month’s rent to twice or thrice whenever they please.

The landlord-tenant relationship should be grounded on respect. Missouri law stipulates that any rent increase should be justified. The amount should be compliant with the lease agreement terms. This is why a Missouri tenant should be vigilant in reading the contract before signing the dotted line.

#10: Retaliation is Not Allowed in Missouri

Missouri landlords cannot retaliate against their renters for taking legal action, such as reporting
to government authorities if there are any safety and health code violations. However, there are no regulations that ban retaliation in the state.

Landlord retaliation includes the unjustified increase in rent payments, decreased services to the rental property, and locking out a tenant from the property. Missouri landlords cannot bully tenants into leaving the property.

#11: A landlord cannot make false statements about the property

Missouri landlord-tenant law stipulates that a landlord cannot make false statements about a rental property’s condition to encourage a prospective tenant to sign a rental agreement. The landlord should be transparent with the tenant so they can determine if the property is the right fit for them.

False statements regarding repairs, utilities, or safety can lead to legal consequences. That’s why it’s best for the landlord to be completely honest and paint an authentic picture of the premises before getting a rental agreement drawn up and signed.

Conclusion

Landlord-tenant laws in Missouri may be more relaxed than in other states, but it’s imperative that all parties are aware of their rights and responsibilities. If the tenant is an active duty service member, they’re protected from getting evicted as long as they are on active duty.

Confirming a tenant’s military status is vital to protecting a landlord’s best interests while ensuring the tenant’s rights are honored. This is where SCRACVS can help. We can provide military verification in as fast as one business day. Click here to sign up at SCRAVS and verify the active duty status.

FAQs

What is considered landlord harassment in Missouri?

Landlord harassment includes locking a tenant out of the property, entering the premises without giving the tenant notice, refusing repairs, and threatening the tenant. It also includes disturbing the tenant’s peace and quiet.

Can a landlord lock you out in Missouri?

No, it’s illegal for a landlord to have you locked out of a rental property. This is considered retaliation, which is prohibited by the law.

What can I sue my landlord for in Missouri?

There are several legal reasons to sue a landlord in Missouri. A Missouri tenant can sue their landlord if the landlord wrongfully withholds their security deposit, for unlawful eviction or discrimination. It would be best to procure legal services to understand Missouri landlord-tenant laws.

What does the “repair and deduct” remedy involve under Missouri law?  

Repair and deduct states that if a landlord doesn’t conduct the necessary repairs, the property’s habitability will be compromised. The tenant can take care of these repairs and deduct them from their rent payment.

To what extent are Missouri landlords permitted to raise the rent?

Missouri law doesn’t impose a limit on rent increases. However, the increase should be justified and within reason.

How much notice must a landlord provide before entry?

The landlord must provide at least 24 hours’ notice before they enter a rental property. Exceptions are made for emergencies.

Can a Missouri landlord shut off utilities for nonpayment?

No. Missouri prohibits self-help evictions, and shutting off utilities is considered harassment. Landlords must follow eviction due process if the tenant fails to pay rent on time.