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Missouri landlord-tenant law
Checked against the Missouri statutes on October 1, 2026 Statutes current through: Sections as posted October 1, 2026; the Revisor posts each enacted section on its effective date General information, not legal advice
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Missouri in brief
Missouri caps a security deposit at two months' rent, and you must return it, or itemize the damages you keep and return the balance, within 30 days after the tenancy ends; wrongful withholding costs twice the amount withheld. Missouri's landlord and tenant statutes set no late fee cap, no grace period and no entry notice rule, so the lease controls those. Before filing for unpaid rent you must demand it; no statute sets a waiting period, but a lease clause forfeiting the lease after rent is unpaid for a set time delays the summons until that time passes. A month-to-month tenancy ends by written notice on a rent-paying date at least one month after the notice is received. Lockouts and willful utility shutoffs are forcible entry and detainer, and a qualifying tenant may repair a code violation and deduct the cost from rent. Cities and counties may not regulate rent, limit deposits, or restrict your use of income, credit, eviction, property damage or criminal history under your own customarily applied criteria.
Key numbers
- Late fee grace period
- No state rule
- no late fee cap or grace period in the landlord and tenant chapters
- Mo. Rev. Stat. chapter 441Mo. Rev. Stat. chapter 534Mo. Rev. Stat. chapter 535
- Returned payment fee
- $25 + bank charge
- plus the bank's actual return charge
- Mo. Rev. Stat. § 570.120.6(2)
- Entry notice
- No state rule
- the lease sets the notice
- Mo. Rev. Stat. chapter 441Mo. Rev. Stat. chapter 534Mo. Rev. Stat. chapter 535
- Unpaid rent notice
- Demand first
- no statutory wait; a lease forfeiture period delays the summons
- Mo. Rev. Stat. § 535.020Mo. Rev. Stat. § 535.060Mo. Rev. Stat. § 535.050
- Rent increase notice
- No state rule
- the lease controls
- Mo. Rev. Stat. chapter 441Mo. Rev. Stat. chapter 534Mo. Rev. Stat. chapter 535
- Repair and deduct
- $300 or half rent
- whichever is greater, after 14 days' notice
- Mo. Rev. Stat. § 441.234.2
Before you sign
Application and screening fees
Not set by statuteMissouri's landlord and tenant chapters set no limit on application or screening fees and no refund rule for them.
Mo. Rev. Stat. chapter 441 Mo. Rev. Stat. chapter 534 Mo. Rev. Stat. chapter 535
More detail (2)
- Cities and counties may not restrict your use of income-qualifying methods, credit scores or reports, eviction or property damage history, or criminal history under your own customarily applied criteria, or stop you from asking for that information. Mo. Rev. Stat. § 441.043.2(2) See Rent control and local rules
- Section 441.043 restricts county and city ordinances. Its protection of customary screening criteria does not replace the state housing-discrimination rules or the duty to consider a reasonable accommodation where required. Review those duties before applying a screening criterion to an applicant. Mo. Rev. Stat. 441.043.2(2) Mo. Rev. Stat. 213.040.1, .2 See Fair housing
Fair housing
Partly readMissouri law makes it unlawful to refuse to rent, set different terms, or advertise a preference because of race, color, religion, national origin, ancestry, sex, disability or familial status, and requires you to allow reasonable modifications at the tenant's expense and make reasonable accommodations in rules and policies for a person with a disability. You may not deny tenancy, evict or find a lease violation because an applicant or tenant is, has been, or is in imminent danger of becoming, a victim of domestic violence, sexual assault or stalking, if they otherwise qualify.
Mo. Rev. Stat. § 213.040.1, .2 Mo. Rev. Stat. § 441.920.2
More detail (6)
- Apart from its advertising rule, the state act does not cover a private owner of no more than three single-family houses renting one without a broker or advertising, or rooms or units in a building of up to four units where the owner lives in one. Mo. Rev. Stat. § 213.040.13
- For a modification in a rental, you may, where reasonable, condition permission on the tenant agreeing to restore the interior to its prior condition, reasonable wear and tear excepted. Mo. Rev. Stat. § 213.040.2(1)
- The subsection 2 protection against denial of housing, eviction or a lease-violation finding has exceptions if the tenant allowed the person named in the documentation into the premises, or you reasonably believe that person threatens other occupants or the property. The applicant or tenant provides a statement of the domestic violence, sexual assault or stalking; you may request supporting documentation. Mo. Rev. Stat. § 441.920.2, .4
- A limit of two persons per bedroom is presumed reasonable, except for a child born to the tenants during the lease. Mo. Rev. Stat. § 441.060.2
- The disability protections also cover a person who resides or intends to reside in the home and a person associated with the buyer or renter. Do not limit the review to whether the named applicant personally has a disability; a household member or associated person can be the reason the statutory protection applies. Mo. Rev. Stat. 213.040.1(6), (7)
- If supporting documentation is requested, one option is a document signed by both the victim and an employee of a victim service provider, health care professional or mental health professional from whom the victim sought related assistance. The professional states under penalty of perjury a belief that the incident occurred and meets the statutory definition. Alternatively, a federal, state or local law-enforcement, court or administrative-agency record about the incident qualifies. Mo. Rev. Stat. section 441.920.4
The Rentari Missouri lease prints the victim protections and has you comply with federal, state and local fair housing laws and consider reasonable accommodation and modification requests.
Required disclosures
At or before the start of the tenancy, give the tenant in writing the name and address of the person authorized to manage the property and of an owner, or a person authorized to act for the owner, for service of process and for receiving notices and demands, and keep it current. If you know the property is or was used to produce methamphetamine, you must disclose that in writing to a prospective tenant, whether or not anyone was convicted.
Mo. Rev. Stat. § 535.185 Mo. Rev. Stat. § 441.236
More detail (2)
- Someone who fails to make the owner and manager disclosure becomes an agent of each landlord for service of process and notices, and for performing the landlord's duties and collecting rent. Mo. Rev. Stat. § 535.185.3 See Owner and manager identity
- To withhold carpet cleaning costs actually spent under an agreed carpet cleaning term, the lease must also tell the tenant they may be liable for actual carpet cleaning costs beyond ordinary wear and tear. Mo. Rev. Stat. § 535.300.4(2) See Returning the deposit
Flood disclosure
Not set by statuteMissouri's landlord and tenant chapters do not require a flood disclosure for a residential lease.
Mo. Rev. Stat. chapter 441 Mo. Rev. Stat. chapter 534 Mo. Rev. Stat. chapter 535
More detail (1)
- The landlord and tenant chapters were read whole and contain no flood rule. Mo. Rev. Stat. chapter 441 Mo. Rev. Stat. chapter 534 Mo. Rev. Stat. chapter 535
Owner and manager identity
In writing, at or before the start of the tenancy, give the tenant the name and address of the person authorized to manage the property and of an owner or a person authorized to act for the owner for service of process and for receiving notices and demands. Keep the information current; the duty binds any later landlord, owner or manager.
Mo. Rev. Stat. § 535.185.1, .2
More detail (3)
- If the owner's or agent's address is a post office box, process and notices may be served by first class mail with two extra copies. Mo. Rev. Stat. § 535.185.1(2)
- A person who fails to make the disclosure becomes an agent of each landlord for service and notices, and for performing the landlord's duties and collecting rent. Mo. Rev. Stat. § 535.185.3
- If you buy a rented home, you may sue for rent and possession under the prior owner's lease only after notifying the tenant in writing of the transfer and how and when it happened, attached to a copy of the recorded deed (in first class counties, a notarized affidavit signed by both owners may replace the deed). Mo. Rev. Stat. § 535.081
The Rentari Missouri lease prints the manager and the owner or owner's agent with their addresses on the first page, tells the tenant to ask in writing for any missing address before signing, and says you will keep it current.
Deposits, rent and fees
Security deposit limit
You may not demand or receive a security deposit of more than two months' rent. A security deposit is any money or property, whatever it is called, that the tenant gives you to secure performance of the rental agreement, including damage to the unit; money labeled as a deposit for a pet on the premises is not a security deposit under this section.
Mo. Rev. Stat. § 535.300.1, .8
More detail (2)
- Because a pet deposit is not a security deposit under this section, it does not count toward the two-month limit. Mo. Rev. Stat. § 535.300.8
- Section 441.043 generally preempts local limits on security deposits. It preserves regulation of public property and specified subsidized-rent arrangements; check the property's ownership and program before treating preemption as universal. The statewide deposit cap remains a separate rule. Mo. Rev. Stat. § 441.043.2(3), .3 See Rent control and local rules
The Rentari Missouri lease states the deposit amount and says it may not exceed two months' rent and that a pet deposit is not a security deposit.
Returning the deposit
Within 30 days after the date the tenancy terminates, you must either return the full deposit or give the tenant a written itemized list of the damages you are withholding for, together with the balance. Mailing the statement and any payment to the tenant's last known address meets this duty. If you wrongfully withhold any part of the deposit, the tenant recovers twice the amount wrongfully withheld.
Mo. Rev. Stat. § 535.300.3, .6
More detail (4)
- You may withhold only amounts reasonably necessary to cover unpaid rent due under the rental agreement, to restore the unit to its condition at the start of the tenancy (ordinary wear and tear excepted), or to cover your actual damages when the tenant failed to give adequate notice to terminate, provided you make reasonable efforts to mitigate. Mo. Rev. Stat. § 535.300.4
- If the lease sets carpet cleaning amounts and also tells the tenant they may be liable for actual carpet cleaning costs beyond ordinary wear and tear, you may withhold the agreed amounts you actually spend on carpet cleaning and those excess actual costs; within 30 days after the tenancy ends, give the tenant a receipt for the actual carpet cleaning costs. Mo. Rev. Stat. § 535.300.4(2)
- Give the tenant reasonable written notice, at their last known address or in person, of the date and time of the move-out inspection, hold it at a reasonable time, and let the tenant attend. Mo. Rev. Stat. § 535.300.5
- You may still sue for actual damages beyond the deposit, and the tenant may not apply the deposit to rent in place of paying it. Mo. Rev. Stat. § 535.300.7
The Rentari Missouri lease states the 30-day deadline from the end of the tenancy, the allowed deductions, the move-out inspection notice and the double damages rule, and prints a carpet cleaning term only when you enter an agreed amount.
Where the deposit is held, and interest
Hold every security deposit for the tenant in a bank, credit union or depository institution insured by an agency of the federal government. Any interest the deposit earns belongs to you. Missouri does not require you to pay interest to the tenant.
More detail (1)
- A housing authority or other government landlord is not subject to this holding rule. Mo. Rev. Stat. § 535.300.2
The Rentari Missouri lease says the deposit is held in a federally insured bank, credit union or depository institution and that any interest belongs to you.
Move-in condition records
Missouri does not require a move-in checklist or condition report. The deposit rule measures damage against the unit's condition at the start of the tenancy, so a dated record of that condition is your evidence if you later withhold for damage.
Mo. Rev. Stat. chapter 441 Mo. Rev. Stat. chapter 534 Mo. Rev. Stat. chapter 535
More detail (2)
- Deductions for damage are limited to restoring the unit to its condition at the start of the tenancy, ordinary wear and tear excepted. Mo. Rev. Stat. § 535.300.4(2) See Returning the deposit
- Make a room-by-room record while the unit is empty when practical: note existing marks, worn finishes, appliance condition and missing items, with dated overview and close-up photos. Give both sides a copy, record disagreements rather than leaving them blank, and keep later repair requests with the original record. At move-out, compare the same rooms and surfaces and keep any proposed charge tied to the documented change and actual work. A checklist does not turn ordinary wear into chargeable damage. Mo. Rev. Stat. § 535.300.4(2)
The Rentari Missouri lease has the tenant accept the home as documented in any move-in condition report and report pre-existing damage in writing within seven days of move-in.
Rent payments and late fees
Not set by statuteMissouri's landlord and tenant chapters set no cap on late fees and no grace period; the lease controls. If rent is not paid at the time agreed, you may recover possession through the rent and possession process.
Mo. Rev. Stat. § 535.010 Mo. Rev. Stat. chapter 441 Mo. Rev. Stat. chapter 534 Mo. Rev. Stat. chapter 535
More detail (3)
- In a rent and possession case you may also claim other unpaid sums the lease requires, other than property damage, but those sums are not rent for that case, and a judgment for them alone does not give you possession. Mo. Rev. Stat. § 535.020
- If a home is destroyed by an act of God or other natural or man-made disaster the tenant did not cause, the tenant owes no rent for the rest of the lease term. Mo. Rev. Stat. § 441.645 See Ending a fixed-term lease early
- The separate $20 or 20 percent late-fee provision applies to self-service storage facilities. It is not a late-fee limit for a residential lease: that law defines its rental agreements around storage space and prohibits using the leased space as a residence. Mo. Rev. Stat. 415.405, 415.410.1, 415.417 Storage definitions Residential-use prohibition
The Rentari Missouri lease states the late fee you choose, either a monthly fee after the grace day you set or a daily fee.
Returned payment (NSF) fee
If a check you received is dishonored or returned unpaid and you do not refer it to the prosecuting attorney, you may collect, on top of the face amount of the check, a reasonable service charge of not more than $25 plus the actual charge your bank made for the return.
Mo. Rev. Stat. § 570.120.6(2)
More detail (1)
- This limit applies notwithstanding any other law, so a higher fee in the lease does not raise it. Mo. Rev. Stat. § 570.120.6
The Rentari Missouri lease prints the returned payment fee you set, capped at $25, plus your bank's actual charge for the return.
Rent increase notice
Not set by statuteMissouri sets no notice period or limit for a rent increase. During a fixed term the lease controls. A month-to-month tenancy can be ended by written notice that takes effect on a rent-paying date at least one month after the tenant receives it.
Mo. Rev. Stat. § 441.060.4 Mo. Rev. Stat. chapter 441 Mo. Rev. Stat. chapter 534 Mo. Rev. Stat. chapter 535
More detail (1)
- Cities and counties may not regulate the amount of rent charged for privately owned residential rental property. Mo. Rev. Stat. § 441.043.1 See Rent control and local rules
During the tenancy
Landlord entry
Not set by statuteNo Missouri statute in the landlord and tenant chapters sets a notice period or rules for a landlord entering a rented home. The lease controls.
Mo. Rev. Stat. chapter 441 Mo. Rev. Stat. chapter 534 Mo. Rev. Stat. chapter 535
More detail (1)
- Removing or excluding a tenant without judicial process and a court order is forcible entry and detainer, so entry must never become a lockout. Mo. Rev. Stat. § 441.233.1 See Lockouts and utility shutoffs
The Rentari Missouri lease says Missouri sets no entry notice period and, as a lease term, gives at least 24 hours' written notice for non-emergency entry at reasonable times, with emergency entry allowed without notice.
Repairs and habitability
Partly readMissouri's landlord and tenant chapters set no general list of repair duties for landlords. The statutory repair remedy is repair and deduct for a condition that violates a local housing or building code. Court decisions and city housing codes, which can add duties, were not read for this page.
Mo. Rev. Stat. § 441.234 Mo. Rev. Stat. chapter 441 Mo. Rev. Stat. chapter 534 Mo. Rev. Stat. chapter 535
More detail (2)
- A covenant to repair does not make a tenant rebuild or repair a building destroyed by a fire the tenant did not cause or neglect, unless the tenant specially agreed to rebuild after fire. No suit may be brought against a tenant in whose home a fire accidentally begins, and that tenant owes no recompense for the damage, so do not withhold the deposit for it. Mo. Rev. Stat. § 441.010
- A qualifying tenant may repair a code violation affecting habitability, sanitation or security and deduct the cost from rent. Mo. Rev. Stat. § 441.234 See Tenant repair remedies
The Rentari Missouri lease has you maintain the home and make repairs as the lease provides, and prints the statutory repair and deduct remedy.
Tenant repair remedies
A tenant who has lawfully lived in the home for six consecutive months, paid all rent and charges due in that time, and received no written notice of an uncured lease or house rule violation may use repair and deduct. The condition must detrimentally affect habitability, sanitation or security and violate a local housing or building code, and its reasonable repair cost must be less than $300 or half the periodic rent, whichever is greater, but never more than one month's rent. If you do not fix it within 14 days after the tenant's written notice, or as promptly as an emergency requires, the tenant may have the work done in a workmanlike manner and, after giving you an itemized statement with receipts, deduct the actual and reasonable cost from rent.
Mo. Rev. Stat. § 441.234.1, .2
More detail (3)
- If you give the tenant a written statement disputing the need for the repair within the notice period, the tenant may not deduct unless, before the work, they get written certification from the local government that the condition violates the housing or building code; you then have 14 days from the later of the certification or the tenant's notice. Mo. Rev. Stat. § 441.234.2
- The tenant may not deduct more than one month's rent in total in any 12 months, or repair at your expense a condition caused by the deliberate or negligent act of the tenant, their family or someone on the premises with their consent. Mo. Rev. Stat. § 441.234.3
- The remedy does not replace the tenant's other legal remedies, and no lease may waive it. Mo. Rev. Stat. § 441.234.2
The Rentari Missouri lease prints the repair and deduct remedy with its six-month, cost, 14-day notice and once-a-year limits.
Locks and security devices
Not set by statuteMissouri's landlord and tenant chapters do not require particular locks or rekeying between tenants.
Mo. Rev. Stat. chapter 441 Mo. Rev. Stat. chapter 534 Mo. Rev. Stat. chapter 535
More detail (1)
- A qualifying tenant may use repair and deduct for a code violation that affects the security of the premises. Mo. Rev. Stat. § 441.234.2 See Tenant repair remedies
The Rentari Missouri lease has you provide working exterior locks and bars the tenant from changing or rekeying them without your written permission.
Smoke and carbon monoxide alarms
Partly readMissouri's landlord and tenant chapters do not mention smoke or carbon monoxide alarms. State fire safety rules and city codes were not read for this page, so check them.
Mo. Rev. Stat. chapter 441 Mo. Rev. Stat. chapter 534 Mo. Rev. Stat. chapter 535
More detail (1)
- The landlord and tenant chapters were read whole and contain no alarm rule. Mo. Rev. Stat. chapter 441 Mo. Rev. Stat. chapter 534 Mo. Rev. Stat. chapter 535
The Rentari Missouri lease has you provide working smoke and carbon monoxide detectors at move-in and bars the tenant from disabling them.
Retaliation
Partly readMissouri's landlord and tenant chapters contain no rule against retaliating against a tenant. The Missouri Human Rights Act's retaliation section is written for employers, employment agencies, labor organizations and places of public accommodation. Federal fair housing law was not read for this page.
Mo. Rev. Stat. § 213.070 Mo. Rev. Stat. chapter 441 Mo. Rev. Stat. chapter 534 Mo. Rev. Stat. chapter 535
More detail (1)
- You may not evict or find a lease violation because a tenant is, has been, or is in imminent danger of becoming a victim of domestic violence, sexual assault or stalking. Mo. Rev. Stat. § 441.920.2 See Fair housing
As a lease term, the Rentari Missouri lease promises you will not take adverse action against a tenant for exercising lease rights, reporting code violations or joining a tenants' organization.
Lockouts and utility shutoffs
You may not remove or exclude a tenant or the tenant's belongings without judicial process and a court order, or remove the doors or locks; doing so is forcible entry and detainer. Willfully interrupting essential services such as electric, gas, water or sewer service is also forcible entry and detainer, unless you do it for health or safety reasons.
More detail (2)
- The only exception to the lockout rule is a home that is abandoned under the statutory procedure. Mo. Rev. Stat. § 441.233.1 Mo. Rev. Stat. § 441.065 See Abandoned property
- A successful forcible entry and detainer complainant gets the premises back and double the damages found, plus double the monthly rental value until restitution. Mo. Rev. Stat. § 534.310 Mo. Rev. Stat. § 534.330.1
The Rentari Missouri lease says you may not remove or exclude the tenant or their property without judicial process, or willfully interrupt essential services except for health or safety reasons.
Ending a tenancy
Ending a month-to-month tenancy
You or the tenant may end a month-to-month tenancy with written notice stating that it ends on a periodic rent-paying date at least one month after the other side receives the notice.
Mo. Rev. Stat. § 441.060.4(1)
More detail (6)
- A tenancy at will, by sufferance or for less than one year may be ended by the person entitled to possession with one month's written notice to vacate. Mo. Rev. Stat. § 441.060.1
- A tenancy from year to year ends with written notice given at least 60 days before the end of the year. Mo. Rev. Stat. § 441.050
- A rental of a house, apartment or other building that is not made in a writing signed by the parties is a month-to-month tenancy, unless it is a rental of real estate for agricultural purposes other than gardening. Mo. Rev. Stat. § 441.060.3
- No notice to quit is needed for a tenancy that ends on a set date, or when the parties agreed to dispense with notice. Mo. Rev. Stat. § 441.070
- A tenant who gives written notice to leave on a date and stays afterward owes double rent for the time they remain. Mo. Rev. Stat. § 441.100
- For an oral tenancy, a tenancy at will, or one for less than a year, a termination notice can be changed or withdrawn only by a writing dated after the notice; oral testimony cannot vary it. Mo. Rev. Stat. § 441.120.2
The Rentari Missouri lease says either side may end a month-to-month tenancy by written notice that ends it on a rent-paying date at least one month after the notice is received.
Ending a fixed-term lease early
Partly readMissouri has no general statute letting a tenant end a fixed-term lease early. Two statutes change the result in particular cases: a tenant who was, or was in imminent danger of becoming, a victim of domestic violence, sexual assault or stalking, and who notified you and gave any documentation you requested has a defense to rent for the period after moving out, and a tenant whose home is destroyed by an act of God or other disaster they did not cause owes no rent for the rest of the term.
Mo. Rev. Stat. § 441.920.3 Mo. Rev. Stat. § 441.645
More detail (3)
- You may charge a reasonable termination fee to a tenant who ends the lease early under the victim protection section. Mo. Rev. Stat. § 441.920.6 See Fair housing
- When a tenant fails to give adequate notice to terminate, you may withhold your actual damages from the deposit only if you make reasonable efforts to mitigate. Mo. Rev. Stat. § 535.300.4(3) See Returning the deposit
- In a landlord action under chapters 441, 534 or 535, the victim-related rent protection is an affirmative defense. The court must find by a preponderance of the evidence that the tenant was a victim or in imminent danger of becoming one, notified the landlord and supplied any requested statutory documentation. The rent protection concerns the period after the tenant vacates. Mo. Rev. Stat. section 441.920.3-.4 See Fair housing
The Rentari Missouri lease keeps the tenant liable for rent after an early move-out while you make reasonable efforts to re-rent, and prints the victim protections with the reasonable termination fee.
Notice for unpaid rent
Before filing for rent and possession you must demand the rent, and it must remain unpaid. A demand is good any time after the rent falls due. Missouri sets no statutory waiting period after the demand, but if your written lease declares it forfeited after rent goes unpaid for a specified time, no summons issues until that time has passed. The one-month termination notice is not required before a rent and possession case.
Mo. Rev. Stat. § 535.020 Mo. Rev. Stat. § 535.060 Mo. Rev. Stat. § 535.050
More detail (1)
- If, on the date a money judgment is given, the tenant pays you or the court all rent in arrears and all costs, the case stops; paying the judgment and costs after trial but before the judgment becomes final stays execution for possession. Mo. Rev. Stat. § 535.160 See Eviction process
The Rentari Missouri lease says you may demand unpaid rent any time after it is due and then file for rent and possession, and that paying all arrears and costs on the judgment date stays the case.
Notice for other lease violations
If a tenant assigns the lease without your written consent, violates a condition of a written lease, commits waste, or allows gambling devices, a brothel or illegal drug possession, sale or distribution on the premises, you may give ten days' notice to vacate and then recover possession by the procedure the law provides. The statute gives no right to cure.
Mo. Rev. Stat. § 441.040 Mo. Rev. Stat. § 441.030 Mo. Rev. Stat. § 441.020
More detail (3)
- The assignment, lease condition and waste rule applies to a tenant for a term of two years or less, at will or by sufferance. Mo. Rev. Stat. § 441.030
- Allowing illegal gaming, a brothel or illegal drug possession, sale or distribution makes the lease void, and you have the same remedies as against a tenant holding over. Mo. Rev. Stat. § 441.020
- In a drug case you must prove the illegal use, but you are not liable for damages from relying on written notice from law enforcement that the premises were used that way. Mo. Rev. Stat. § 441.040
Eviction process
For unpaid rent, file a verified statement with an associate circuit judge after demanding the rent. The summons sets a court date no more than 21 business days after it is issued (unless you consent in writing to a later date) and must be served at least 4 days before that date. If you win, the judgment covers possession and the rent due, and the officer delivers possession within 5 days after receiving the execution. A tenant holding over after the lease ends is removed through an unlawful detainer case after a written demand for possession.
Mo. Rev. Stat. § 535.020 Mo. Rev. Stat. § 535.030.1 Mo. Rev. Stat. § 535.040.1 Mo. Rev. Stat. § 534.030.1
More detail (7)
- Service by posting on the dwelling and ordinary mail must happen at least 10 days before the court date, and if the tenant defaults after that kind of service you get no money judgment. Mo. Rev. Stat. § 535.030.2, .3
- The tenant has 10 days after the judgment to move to set it aside or apply for a trial de novo; otherwise the judgment for possession becomes final. Mo. Rev. Stat. § 535.030.4
- An appeal or an application for a trial de novo stays execution only if the tenant posts a bond within 10 days covering damages, costs and rent due, and pays later rent into court. Mo. Rev. Stat. § 535.110
- In an unlawful detainer case, execution to restore possession issues no sooner than 10 days after judgment, and the winning landlord recovers double the damages and double the monthly rental value until restitution. Mo. Rev. Stat. § 534.350 Mo. Rev. Stat. § 534.330.1
- If the officer does not deliver possession within seven days after receiving the writ, you may, within 60 days of the judgment and in the presence of a law enforcement officer shown the judgment and without breach of the peace, change the locks and remove property, and must file the officer's written acknowledgment within five days. Mo. Rev. Stat. § 441.060.5
- A tenant for a fixed term who willfully holds over after the term ends and after your written demand for possession owes double the yearly value of the property for the time held. Mo. Rev. Stat. § 441.080
- Choose the court papers for the claim you are bringing; a rent-and-possession case and an unlawful-detainer case are distinct routes. Ask the clerk for the current forms and filing instructions for the county where the case belongs. Boone County's published rent/possession petition is one local example, not a statewide filing packet. Prepare the lease, demand or termination notice, delivery records, payment ledger with credits, and any photographs or messages supporting the disputed issue. Read the summons for the hearing details and keep later payments or agreements with the case record. Missouri Courts: Boone County rent/possession form, local example Mo. Rev. Stat. § 535.020
Abandoned property
A home is treated as abandoned only if you reasonably believe the tenant has moved out and does not intend to return, rent has been due and unpaid for 30 days, you post the statutory notice on the premises and mail it to the tenant's last known address by both first class and certified mail, return receipt requested, and the tenant neither pays nor answers in writing within 10 days after both the posting and the mailing. You may then remove or dispose of property left behind without liability to the tenant.
More detail (2)
- The notice must state that rent has been unpaid for 30 consecutive days, that you believe the tenant has moved out, and that you may declare the property abandoned and remove the tenant's possessions unless the tenant writes to you within 10 days, and it must give your name and street address. Mo. Rev. Stat. § 441.065(3)
- After a court-ordered eviction, you are not liable for property left behind except for willful, wanton or malicious acts, but property clearly labeled as a third party's requires a certified mail notice and five business days for the owner to recover it. Mo. Rev. Stat. § 535.040.2, .3
The Rentari Missouri lease prints the abandonment test and notice steps and, as a lease term, has you store property left behind for at least the number of days you set (30 by default) before disposing of it.
Small claims court
Partly readSmall claims court hears civil claims up to $5,000, not counting interest or costs. You may present your own case without a lawyer, and a business may appear through an officer or authorized employee.
Mo. Rev. Stat. § 482.305 Mo. Rev. Stat. § 482.310
More detail (1)
- You may not file or pursue a claim that was assigned to you, or file one if you have already filed more than 12 other small claims in Missouri in the same calendar year. Mo. Rev. Stat. § 482.330
More Missouri rules
Marijuana in leases
You may prohibit or limit marijuana use, cultivation and display on property you own, lease or manage, but a lease signed after the constitutional amendment took effect on December 8, 2022 may not prohibit a tenant from lawfully possessing marijuana and consuming it by means other than smoking.
Mo. Const. art. XIV, § 2.3(4)
More detail (1)
- This rule is in the Missouri Constitution, so it applies whatever the lease says. Mo. Const. art. XIV, § 2.3(4)
The Rentari Missouri lease bans or limits smoking of any kind, including marijuana, as you choose, allows lawful non-smoked use, and requires your written consent to grow marijuana.
Unauthorized occupants and ownership claims
Missouri has a separate verified-petition procedure for qualifying unlawful occupants of residential property. It excludes people with tenant protections. Do not treat a current or former tenant as a squatter simply because rent is unpaid.
More detail (4)
- Eligibility includes an owner or authorized agent, unauthorized occupants who refused a direction to leave, and property not leased for three consecutive months. Current or former tenants, authorized guests and the owner's immediate family do not qualify. Related pending litigation also prevents this procedure. Check every statutory requirement before filing. Mo. Rev. Stat. § 534.602
- The court may issue an immediate order on sufficient evidence. A hearing normally follows within 48 hours of filing; the sheriff enforces the order. Mo. Rev. Stat. § 534.602
- Wrongful removal can lead to restored possession, personal-property damages, $1,000 statutory damages and court costs. A disputed right to occupy needs careful review. Mo. Rev. Stat. § 534.602
- For a vacant home, keep dated inspection records, ownership and permission documents, photographs and reports of unauthorized entry. Secure genuinely vacant premises and report suspected crimes; do not use preventive measures to force out an occupant with disputed rights. Mo. Rev. Stat. § 534.602
Local rules
Rent control and local rules
Cities and counties in Missouri may not regulate the amount of rent for privately owned residential rental property. They also may not stop you from refusing to rent to a person because their lawful income for rent includes a federal or other housing assistance program, restrict your use of income-qualifying methods, credit scores or reports, eviction or property damage history, or criminal history under your own customarily applied criteria, limit security deposits, or give tenants an automatic right of first refusal. No county or city may impose an eviction moratorium unless state law specifically allows it.
Mo. Rev. Stat. § 441.043.1, .2 Mo. Rev. Stat. § 535.012
More detail (2)
- A city or county may still regulate its own property, make voluntary rent agreements for subsidized rentals, and limit rent for properties assisted with community development block grant funds. Mo. Rev. Stat. § 441.043.3
- A city or county may bar discrimination against a tenant or applicant solely because they receive veterans' benefits. Mo. Rev. Stat. § 441.043.4
Cities and counties have their own housing, building, fire and other codes that can add duties for rental property. None was read for this page, so no local rule is listed here; check the codes of the city and county where the property is located.
Missouri landlord questions
How much can I charge for a security deposit in Missouri?
No more than two months' rent. A deposit labeled as a pet deposit is not a security deposit under the statute, so it does not count toward that limit.
When do I have to return the deposit?
Within 30 days after the tenancy terminates, return the full deposit or give a written itemized list of damages with the balance. Mailing it to the tenant's last known address complies. Wrongfully withholding costs twice the amount wrongfully withheld.
Do I have to invite the tenant to the move-out inspection?
Yes. Give reasonable written notice of the date and time, hold it at a reasonable time, and let the tenant be present.
Is there a limit on late fees in Missouri?
No. Missouri's landlord and tenant chapters set no late fee cap and no grace period, so the lease controls.
Mo. Rev. Stat. chapter 441 Mo. Rev. Stat. chapter 534 Mo. Rev. Stat. chapter 535
How much can I charge for a bounced check?
If you do not refer the check to the prosecutor, a reasonable service charge of not more than $25 plus your bank's actual charge for the return, on top of the check amount.
How much notice do I need to enter a rental unit?
Missouri's landlord and tenant chapters set no entry notice period. Follow the lease, and never use entry to remove or exclude the tenant.
Mo. Rev. Stat. chapter 441 Mo. Rev. Stat. chapter 534 Mo. Rev. Stat. chapter 535 Mo. Rev. Stat. § 441.233
Do I need to give a notice before filing for unpaid rent?
You must demand the rent, which you may do any time after it is due, and it must remain unpaid. Missouri sets no statutory waiting period after the demand, but if your written lease declares it forfeited after rent goes unpaid for a specified time, no summons issues until that time has passed. The one-month termination notice is not required.
Mo. Rev. Stat. § 535.020 Mo. Rev. Stat. § 535.060 Mo. Rev. Stat. § 535.050
Can the tenant stop the eviction by paying?
In a rent and possession case, yes: if on the date a money judgment is given the tenant pays you or the court all rent in arrears and all costs, the case stops. This rule is in the rent and possession chapter and does not apply to an unlawful detainer case for holding over.
How do I end a month-to-month tenancy?
Give written notice stating that the tenancy ends on a rent-paying date at least one month after the tenant receives it. The tenant ends it the same way.
Can I change the locks or shut off utilities when a tenant does not pay?
No. Removing or excluding a tenant without a court order, removing locks or doors, or willfully cutting essential services (except for health or safety reasons) is forcible entry and detainer.
Can a tenant deduct repairs from rent?
Yes, if they qualify. A tenant who has lived there six consecutive months, paid all rent and charges due, and received no written notice of a violation that went uncured may fix a local code violation affecting habitability, sanitation or security that you did not fix within 14 days after written notice, and deduct a cost below the greater of $300 or half the rent, never more than one month's rent a year.
What can I do with belongings a tenant leaves behind?
Without a court order, only after the statutory abandonment steps: 30 days of unpaid rent, a reasonable belief the tenant left, the posted and mailed notice, and 10 days with no payment or written answer; then you may remove or dispose of them without liability. After a court-ordered execution for possession, you are not liable for removing or disposing of property left behind except for willful, wanton or malicious acts, but property labeled as a third party's needs a certified mail notice and five business days for the owner to recover it.
Can a Missouri city limit rent or deposits?
Section 441.043 generally bars local rent regulation for private rentals and local deposit caps. It preserves regulation of public property, voluntary subsidized-rent agreements and rent restrictions for properties assisted with community development block grants. Check the property's ownership and program; preemption does not remove the statewide deposit limit or every other housing requirement.
Can my lease ban marijuana?
You may ban smoking it, but a lease signed after December 8, 2022 may not prohibit a tenant from lawfully possessing marijuana and using it by means other than smoking.
What is the small claims limit in Missouri?
$5,000, not counting interest or costs.
Does living in a Missouri property for ten years automatically make someone the owner?
No. An adverse-possession claim involves proof of hostile possession under a claim of right, actual use, open and notorious possession, exclusivity and continuity for the required ten-year period. A day count alone is insufficient, and a disputed title claim differs from removing an unlawful occupant. Ask a Missouri real-estate attorney to assess the facts rather than assuming that a label such as squatter resolves ownership.
Statutes read for this page
- RSMo chapter 441, Landlord and TenantRead in full
- RSMo chapter 534, Forcible Entry and DetainerRead in full
- RSMo chapter 535, Landlord-Tenant ActionsRead in full
- RSMo 570.120, bad checks and service charges1 section
- RSMo chapter 213, Missouri Human Rights Act (213.010, 213.040, 213.070)3 sections
- RSMo chapter 482, small claims (482.300, 482.305, 482.310, 482.330, 482.335)5 sections
- Missouri Constitution article XIV, section 21 section
- Supplemental current deposit and preemption reviewComplete operative sections 535.300 and 441.043, source notes and current-version dates read October 14, 2026 on the Missouri Revisor site. Wider chapters, incorporated provisions, local programs and live lease behavior not newly reviewed.
- Selected screening and housing-discrimination scopeFull current 441.043(1)-(4), effective August 28, 2025, and 213.040(1)-(13), effective August 28, 2017, including histories/version listings, read October 15, 2026. Selected statutes only; local ordinances/cases, independent federal/program requirements and full chapter 213 not freshly reviewed.
- Storage late-fee provision and its scopeFull current415.405,415.410 and415.417 with histories read October15,2026 in official HTML. These are self-service storage provisions; they do not supply a residential late-fee cap. No fresh wholechapter, residential late-fee case-law, local or federal review.
- Selected victim-protection and casualty provisionsSelected follow-up October 15, 2026: full current official sections 441.920(1)-(7) and 441.645, with histories, effective-version metadata and the Revisor's update notice reviewed. Added only the victim-related court standard and statement/document qualifications. Incorporated definitions in 455.010, wider chapters, federal law, cases and local codes were not freshly reviewed; broader October 1 checked_on retained.
- Selected unlawful-occupant process and adverse-possession elementsCurrent534.602 consulted October15,2026. Courtopinion search excerpt only for adverse-possession elements; fullPDF403 and516.010fetch timed out. No broad case or chapter review; wider date retained.
Not read for this page (7)
- City and county housing, building and fire codes, including Kansas City, St. Louis, Springfield and Columbia.
- Missouri fire safety rules on smoke and carbon monoxide alarms.
- Missouri court decisions on habitability, mitigation and retaliation.
- Missouri Supreme Court Rules for civil and eviction procedure.
- The rest of the Missouri Human Rights Act and of the small claims chapter.
- Federal law, including the Fair Housing Act, the Servicemembers Civil Relief Act and the lead-based paint disclosure rule.
- Sections 441.710 to 441.880 of the Missouri statutes, the expedited eviction procedure for drug-related criminal activity.