Overview
Leases are the cornerstone of a successful landlord-tenant relationship, providing a legal framework for both parties to enter a harmonious agreement.
In Missouri, residential lease documents—including their structure, nature, and contents—are regulated by Missouri landlord tenant laws. For this reason, it’s imperative to understand the intricacies of the law before constructing a lease.
This guide will walk you through the crucial components of a lease agreement Missouri considers compliant, ensuring you’re well-equipped to make informed decisions. And to make your journey easier, we’re offering a free Missouri lease template for download!
A Missouri lease is a legally binding document that outlines the terms and conditions governing the rental of a residential property within the state. This lease must adhere to Missouri’s landlord-tenant laws, providing a clear framework for both landlords and tenants to follow and fostering a secure and transparent rental environment.
The following components should be included in all Missouri lease agreements. Note that these components primarily apply to residential leases; a Missouri commercial lease agreement will necessarily have different requirements.
Lease Term
This section specifies the lease’s start and end dates, establishing the duration of the rental agreement.
Rent
Here, you’ll find details regarding the rent rate, due date, and the status of rent control. In Missouri rent control is banned – no city or local government in the state can pass a law that regulates the price of rent (MRS § 441.043). This means that landlords in Missouri can charge whatever reasonable price they deem appropriate for rent as long as it is stated in the lease agreement.
Late Fees
The penalties for missing rent payments should be clearly stated in the lease, as should any exceptions. In Missouri, there are no statutory limits on late fee amounts, nor is there a mandatory grace period for rent. This means that landlords can charge whatever late fee they deem fit on the day directly after rent is due. However, keep in mind that your late fee policy should be clearly stated in your Missouri lease agreement so that tenants know exactly what will happen if they are late to pay rent.
Security Deposit
This section of the lease includes details about the security deposit, including its amount, where it will be stored, and how/when it will be returned.
The maximum or limit for security deposits in Missouri is two months’ rent (MRS § 535.300(1)). Additionally, security deposits in Missouri must be stored in a bank, credit union, or depository institution insured by a federal agency. When the tenancy ends, deposits must be returned to tenants (minus any deductions) within 30 days (MRS § 535.300(3)).
Be sure your Missouri residential lease agreement clearly states the security deposit amount, as well as the procedures for its return and the conditions under which funds may be deducted.
Required Disclosures
This section encompasses crucial required disclosures in Missouri, which are information that must be disclosed to the tenant in the lease before they agree to rent the property. In Missouri, there is only one required disclosure. This disclosure must be included in a lease agreement Missouri considers complaint:
- Lead-based paint – Landlords in all 50 states must disclose lead-based paint hazards in rental agreements for most properties built before 1978.
Landlord Right to Entry
In Missouri, there are no specific laws governing when a landlord can enter a rental property. In general, landlords usually provide at least 24 hours’ notice before entry for a non-emergency reason. Be sure to include the landlord’s right of entry in your Missouri lease agreement.
Repairs & Maintenance
The lease outlines how and when tenants should submit maintenance requests and clarifies the process for addressing necessary repairs. Every Missouri rental lease agreement should specify which maintenance responsibilities are the landlord’s and which are the tenant’s.
Lease Termination/Renewal Procedures
This section details the procedures for early lease termination and breaking the lease, including eviction processes. Specifically, the lease should clearly state how many days’ notice the tenant needs to provide the landlord to announce their intent to either renew or terminate the lease.
A Missouri residential lease agreement should also clearly describe what happens if the tenant breaks the lease. In Missouri, landlords must send eviction notices of specified lengths before filing for eviction: An immediate notice to quit for nonpayment, a ten-day notice to cure or quit for lease violations, or a ten-day unconditional notice to quit for severe violations/illegal activity. These notice periods should be specified to the tenant so that both parties are clear on what will happen if the tenant fails to uphold the lease agreement.
Joint and Severability Clause
This clause is for leases with multiple roommates and explains the legal consequences if one party fails to fulfill their obligations. It ensures that the entire lease isn’t invalidated due to one roommate’s breach.
Signatures
Both the landlord and tenant will sign the lease either on paper or electronically, ensuring a secure and convenient process.
Missouri Lease Agreement Download
To make your leasing journey simpler, we offer a free, downloadable Missouri rental lease agreement. This template is tailored to meet the specific requirements of Missouri state law, making it a valuable tool for landlords and tenants.
Conclusion
Understanding the nuances of a Missouri residential lease agreement is vital for a smooth and legal tenancy. We hope this guide has provided you with a clear understanding of the components of a Missouri lease. To get started on the right foot, download our free Missouri lease template and ensure a transparent, lawful, and satisfying rental experience.
