The Missouri lease agreement is a document that outlines the terms and conditions under which certain property is leased in Missouri.
The landlord and the tenant make a lease agreement to define the duration of the lease, the amount of the rent, and the mandatory disclosures required by federal and state law. Additionally, they provide the amount of the security deposit, late fee, NSF check fee, optional disclosures, and house rules for the leased property.
Although both the written and oral lease agreements are valid in Missouri, the written lease agreement gives more stability to the landlord and the tenant. It is more stable since all the clauses are written in the lease agreement and are easier to prove in court.
Missouri Lease Agreement Required Disclosures
According to federal and Missouri state laws, there are a few mandatory disclosures that must be included in every lease agreement for the leased property located in Missouri:
Lead-based paint disclosure. The landlord must inform the tenant of any lead-based paint hazards at the leased unit. Federal law provides this as a mandatory disclosure for any property built before 1978.
Information disclosure. Missouri state law provides the obligation of the person representing the landlord to include the name and the address of the property manager and owner in the lease agreement. This disclosure must be made for the purpose of receiving notices and demands from the tenant. (§ 535.185)
Methamphetamine production disclosure. If the landlord knows of any previous methamphetamine production facilitated at the leased property, they must disclose this to any prospective tenant. (§ 441.236)
Missouri Lease Agreement Optional Disclosures
The disclosures listed below are not declared mandatory by federal and state laws and regulations:
Move-in form. It should include a list of all the furnishings and appliances on the property. Both the landlord and the tenant must sign the form to confirm that each item on the list is there and in good condition. This will prevent any potential disputes about the damage after the tenancy is over.
Late and non-refundable fee disclosure. It should be included in the lease agreement in case the landlord intends to charge any late rent or non-refundable fees during the tenancy. If not disclosed, the tenant can refuse to pay or ask for a full refund for any fees not properly disclosed in the lease agreement.
Smoking disclosure. It can state that smoking is prohibited at the leased property or inform the tenant about the designated smoking areas at the leased property.
Consequences of Non-Disclosure
The tenant can file a civil lawsuit against the landlord for any damages caused by the safety and health hazards not properly disclosed in the lease agreement.
The landlord who fails to include the proper lead-based paint disclosure in the lease agreement can be held liable for up to $19,507, according to 24 CFR § 30.65.
Missouri Lease Agreement Security Deposits
Security Deposit Maximum
The landlord in Missouri can ask for up to two months' rent as the security deposit. (§ 535.300)
Security Deposit Return
The landlord must return the security deposit to the tenant’s last known address no later than 30 days after the lease term is over.
If any deductions have to be made during the lease term, the landlord must send an itemized list of all deductions within the same deadline.
The landlord can make deductions from the security deposit for any default rent payment, cleaning the property, or repairing damages that are not the usual wear and tear.
When is Rent Due in Missouri? (Grace Period)
The rent in Missouri is due on the date provided in the lease agreement since the state doesn’t set a due date for the rent payment.
There is also no grace period for the rent payment provided in the state of Missouri. That means the landlord can charge any late fee from the moment the due date has passed.
Missouri Rent Late Fees
The Missouri statutes don’t provide any limitations on late fees. However, if the landlord wishes to charge a fee for the late payment of the rent, they must provide a reasonable fee and disclose it in the lease agreement before the tenancy starts.
Missouri NSF Checks
If the tenant uses the worthless check to pay for the rent, the landlord will be entitled to compensation that includes the value of the check and any additional processing costs and fees not exceeding $25. (§ 570.120(6)(2))
Missouri Landlord’s Right to Enter
In Missouri, there is no mandatory advance notice that the landlord must issue before visiting the leased property. However, to protect the tenant’s privacy, parties can provide that the tenant shall provide at least a 24-hour notice before visiting the leased unit.
In practice, advance notice shall not be required in case of emergency visits.
Missouri Lease Agreement FAQ
Yes, the lease agreement is a legally binding document in Missouri.
The lease agreement is considered binding if both parties sign it. In that way, both the tenant and the landlord agree with all the clauses in the lease agreement.
The Missouri lease agreement should have the following structure:
Names and information of the landlord and tenant
Details about the leased unit
Term of the lease and the possibility of extending it
Rent amount, methods of payment, security deposit, and late fees
Rights and obligations of the landlord and tenant
Mandatory disclosures provided by federal and state law
Date and place of lease agreement signing
You can download one of the many Missouri lease agreement templates on our website.
Depending on the duration and type of the lease, you can choose between:
Fixed-term or month-to-month lease agreement
Commercial or residential lease agreement
Room rental lease agreement
Rent-to-own lease agreement
The next step after making the lease agreement would be to visit the leased property and do the inspection.
In practice, the landlord and the tenant would inspect the property together, and if there were no damaged items or cleaning that needed to be done, they would sign the move-in form.
After the move-in form is signed, the tenant pays the first month’s rent and the deposit, and the landlord gives the property keys to the tenant.