Tenant Screening and Application Fee Rules in Missouri: What the Statute Covers
Landlords in Missouri must conduct criminal background checks on tenants and adhere to specific application fee limits as outlined by state law. This guide provides a comprehensive overview of the legal requirements and best practices for tenant screening and application fees in Missouri.
Permitting, Zoning, or Statutory Basis
Missouri’s tenant screening laws are primarily governed by the Missouri Landlord and Tenant Act (Mo. Rev. Stat. § 409.130). This act sets forth specific requirements for landlords, including the necessity of conducting criminal background checks on tenants and establishing guidelines for application fees.
Lease Clauses, Notice Periods, and Timing Requirements
Criminal Background Checks
Under Mo. Rev. Stat. § 409.130, landlords are required to conduct criminal background checks on tenants before renting property. The law specifies that landlords must provide tenants with a notice of the background check results and allow tenants to dispute any inaccuracies. This ensures that landlords are aware of any criminal history that may affect the tenant’s ability to live in the property.
Application Fee Limits
Missouri also regulates application fees through Mo. Rev. Stat. § 409.130, which limits the amount landlords can charge for application fees. The statute specifies that application fees cannot exceed $50 for a single rental application and must be clearly stated in the lease agreement. This helps prevent landlords from imposing excessive fees on tenants, ensuring that the application process remains fair and transparent.
Defensible Record-Keeping & Compliance Checklist
To ensure compliance with Missouri’s tenant screening laws, landlords must maintain accurate and up-to-date records of all tenant applications, background check results, and any disputes. This includes:
- Tenant Application Forms: Maintain copies of all tenant application forms and any additional documentation submitted by tenants.
- Background Check Records: Keep detailed records of all criminal background checks conducted on tenants, including any discrepancies and how they were resolved.
- Dispute Resolution: Document any disputes between landlords and tenants regarding background check results or application fees.
- Lease Agreements: Ensure that all lease agreements comply with state law, including the application fee limits and any other requirements.
By following these guidelines and maintaining thorough records, landlords can ensure that their tenant screening practices are compliant with Missouri law and reduce the risk of legal disputes.
Conclusion
Tenant screening is a critical aspect of property management, and landlords in Missouri must adhere to specific legal requirements. By conducting criminal background checks and adhering to application fee limits, landlords can ensure that their rental properties are safe and accessible to qualified tenants. By maintaining accurate records and following best practices, landlords can build trust with their tenants and avoid potential legal issues.