What a Missouri Residential Lease Must Contain (and Clauses the Statute Prohibits)
Missouri landlords must include specific disclosures and avoid certain clauses in their leases to maintain legal compliance. This guide outlines the mandatory requirements and prohibited clauses under Missouri landlord-tenant law.
Permitting, Zoning, or Statutory Basis
Missouri’s residential lease requirements are governed by the Missouri Residential Landlord and Tenant Act (Mo. Rev. Stat. § 407.120). Landlords must ensure their leases comply with these statutory provisions to avoid legal disputes and potential penalties.
Lease Clauses, Notice Periods, and Timing Requirements
Mandatory Disclosures
Missouri law requires landlords to include specific disclosures in their leases. These mandatory clauses are designed to protect tenants and ensure transparency. Landlords must include the following disclosures in their leases:
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Notice of Right to Cure: The lease must state that if a tenant fails to pay rent or comply with other terms, the landlord has the right to give notice before eviction proceedings begin.
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Eviction Notice: The lease must specify the procedures for giving an eviction notice, including the required time period and the reasons for eviction.
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Security Deposit: The lease must clearly state how security deposits are to be handled, including the maximum amount that can be charged and the process for return.
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Right to Repair: The lease must specify that landlords have the right to enter the property for repairs, provided they give proper notice.
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Right to Change: The lease must state that landlords have the right to change the locks or make necessary alterations to the property.
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Right to Assign: The lease must specify that landlords have the right to assign their interest in the property.
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Right to Sublet: The lease must state that landlords have the right to sublet their interest in the property.
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Right to Repair: The lease must specify that landlords have the right to enter the property for repairs, provided they give proper notice.
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Right to Change: The lease must state that landlords have the right to change the locks or make necessary alterations to the property.
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Right to Assign: The lease must specify that landlords have the right to assign their interest in the property.
Prohibited Clauses
Missouri law also prohibits certain clauses that may be included in residential leases. Landlords must avoid these clauses to ensure their leases are legally enforceable:
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Unenforceable Waiver of Notice: Landlords cannot include clauses that waive the tenant’s right to receive notice before eviction proceedings begin. This includes any clause that waives the tenant’s right to cure a default within a specified time period.
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Unenforceable Waiver of Right to Cure: Landlords cannot include clauses that waive the tenant’s right to cure a default within a specified time period. This includes any clause that waives the tenant’s right to receive notice before eviction proceedings begin.
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Unenforceable Waiver of Right to Repair: Landlords cannot include clauses that waive the landlord’s right to enter the property for repairs. This includes any clause that waives the landlord’s right to give proper notice before entering the property.
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Unenforceable Waiver of Right to Change: Landlords cannot include clauses that waive the landlord’s right to change the locks or make necessary alterations to the property. This includes any clause that waives the landlord’s right to give proper notice before making changes.
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Unenforceable Waiver of Right to Assign: Landlords cannot include clauses that waive the landlord’s right to assign their interest in the property. This includes any clause that waives the landlord’s right to give proper notice before assigning their interest.
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Unenforceable Waiver of Right to Sublet: Landlords cannot include clauses that waive the landlord’s right to sublet their interest in the property. This includes any clause that waives the landlord’s right to give proper notice before subletting their interest.
Defensible Record-Keeping & Compliance Checklist
To ensure your rental property is compliant with Missouri law, landlords should maintain the following records:
- Lease Agreements: Keep copies of all lease agreements signed by tenants.
- Tenant Information: Maintain records of tenant names, addresses, contact information, and lease start and end dates.
- Security Deposit Records: Keep detailed records of all security deposits, including the amount paid, date received, and any deductions made.
- Eviction Notices: Maintain copies of all eviction notices sent to tenants, including the date and reason for eviction.
- Repair Requests: Keep records of all repair requests made by tenants, including the date and details of the request.
- Tenant Payments: Maintain records of all rent payments received, including the date and amount paid.
- Security Deposit Returns: Keep records of all security deposit returns, including the date and amount returned.
By following these guidelines and maintaining proper record-keeping, landlords can ensure their rental properties are compliant with Missouri law and avoid potential legal disputes.