Missouri
A Missouri standard residential lease agreement is a legal document that binds a landlord and tenant into an arrangement concerning the rental of a property. This contract typically applies to a fixed term, usually lasting for one year.
Missouri Standard Residential Lease Agreement
Rental Application
A rental application is used by landlords to screen prospective tenants and gather information to help select the ideal candidate.
Required Disclosures
Missouri law mandates certain disclosures in residential lease agreements:
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Landlord’s Name and Address: The lease must include the name and address of the landlord or authorized agent to facilitate communication regarding legal notices.
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Lead-Based Paint Disclosure: For properties built before 1978, landlords must inform tenants of the potential presence of lead-based paint and provide an EPA-approved pamphlet about its dangers.
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Methamphetamine Contamination Disclosure: Landlords must disclose any knowledge of methamphetamine production, use, or storage on the rental property.
Security Deposit Laws
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Maximum Amount: Landlords may charge no more than two months’ rent as a security deposit.
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Returning: Security deposits must be returned within 30 days of lease termination. If deductions are made, an itemized list must be provided to the tenant.
Rent Payment Laws
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Grace Period: There is no grace period for rent payments.
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Maximum Late Fee: There is no state limit on late fees; however, any late fee must be explicitly stated in the lease agreement.
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NSF Fee: Fees for non-sufficient funds (NSF) are capped at $25 for amounts less than $100, $50 for amounts less than $250, and $75 or 10% for amounts of $250 or more.
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Withholding Rent: Tenants may withhold up to half a month’s rent if the landlord fails to address a written notice regarding a building or housing code violation within 14 days.
Additional Considerations
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Landlord’s Right of Entry: Missouri does not have a statute requiring landlords to provide notice before entering a rental property, although it is common practice to give at least 24 hours’ notice.
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Termination of Lease: For month-to-month tenancies, a landlord must provide a 30-day written notice to terminate the lease.
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Consequences of Non-Compliance: Failure to include mandatory disclosures can lead to legal consequences, including potential fines for violations of federal lead-based paint hazard disclosure laws.
FAQs
In Missouri, required disclosures in a residential lease agreement include the landlord’s name and address, a lead-based paint disclosure for properties built before 1978, and a methamphetamine contamination disclosure if the landlord knows of any such contamination on the property.
In Missouri, the maximum security deposit a landlord can charge is no more than two months’ rent. The security deposit must be returned to the tenant within 30 days of lease termination, along with an itemized list of any deductions.
No, Missouri law does not provide a grace period for rent payments. Rent is due at the beginning of the month unless otherwise specified in the lease agreement.
Yes, landlords in Missouri can charge late fees, but there are no specific limits set by state law. Any late fee must be explicitly stated in the lease agreement.
A tenant in Missouri may withhold up to half a month’s rent if the landlord fails to address a written notice regarding a violation of building or housing codes within 14 days. However, this action should be taken cautiously and in accordance with local laws.
No, lease agreements in Missouri do not need to be notarized to be valid. A lease is legally binding as long as it is written and signed by both parties.
In Missouri, a residential lease can be for any length of time as long as it is specific and agreed upon in writing by both the landlord and tenant. Oral leases can typically only be for a term of one year or less.
Failing to include mandatory disclosures in a Missouri lease can lead to legal consequences for the landlord, including potential fines and the unenforceability of certain lease provisions. This can also expose the landlord to tenant lawsuits.