Understanding Missouri's Homestead Laws: Renters' Rights Explained

Missouri's homestead laws protect homeowners from losing their homes during bankruptcy proceedings. The state's homestead law is limited to homes, corresponding buildings, and the land on which they stand. The law allows for a $15,000 exemption, which is applicable to a dwelling house and appurtenances, and the land used in connection therewith. This means that if a homeowner files for bankruptcy, they can protect up to $15,000 of equity in their home. It is important to note that this exemption only applies if the individual owns and occupies the property. While renters may not benefit directly from homestead laws, they are protected by various landlord-tenant laws in Missouri, which govern security deposits, late rent, evictions, and other key aspects of the landlord-tenant relationship.

Missouri renters' rights for repairs

Missouri renters have a range of rights and responsibilities when it comes to repairs. Firstly, landlords in Missouri are legally required to make all necessary repairs in a timely manner. This means that repairs must be carried out within a "reasonable" amount of time after being notified of any issues by tenants. If landlords fail to make repairs in a timely manner, tenants have several options for recourse.

Tenants in Missouri can take legal action against landlords who do not make repairs, including suing for costs or obtaining a court order to force the landlord to make the necessary repairs. In addition, tenants may be able to withhold rent, but typically only by paying into a court escrow account. Tenants also have the option to cancel the rental agreement if repairs are not made, or they may choose to make minor repairs themselves and deduct the cost from their rent—this is known as the "repair and deduct" remedy.

It is important to note that tenants do have certain responsibilities regarding repairs. They are expected to keep the rental unit in a safe and habitable condition and perform minor repairs as outlined in the lease agreement. Tenants are also responsible for not disturbing other renters or neighbours.

Security deposits in Missouri

In Missouri, a landlord may require a security deposit from a tenant before or upon their move-in. The maximum security deposit a landlord can charge is equivalent to two months' worth of rent payments. For instance, if the monthly rent is $1,500, the landlord cannot charge more than $3,000 as a security deposit.

Landlords must store security deposits in a bank, credit union, or financial institution insured by the federal government. They are not required to place security deposits in an interest-bearing account. However, if they choose to do so, any interest accrued becomes their property.

Landlords can only make deductions from security deposits for the following reasons:

• Property damage exceeding ordinary wear and tear.
• Financial loss due to a tenant abandoning the rental unit.
• Non-payment of rent or utility bills.
• Other serious violations of the lease or rental agreement.

Tenants cannot use the security deposit to cover rent payments. If a tenant does so, the landlord can assume that the tenant has violated the lease by not paying rent for that month, which could result in legal consequences.

To receive a full refund of their security deposit, tenants must return the rental property in the same condition as when they moved in, without exceeding normal wear and tear, and with all rent and utility bills paid. Landlords must return security deposits within 30 days of the termination of the lease agreement, either in full or with valid deductions and an itemized list of reasons for withholding.

If a landlord wrongfully withholds a tenant's security deposit, they will face penalties, including paying the tenant twice the security deposit amount. However, this does not apply to commercial property tenants.

Lease termination in Missouri

Notice Requirements:

• For a monthly lease, tenants must provide at least one month's notice before the rent payment date.
• For a yearly lease with no end date, tenants must give 60 days' notice before the year ends.
• Tenants with fixed-term leases don't need to provide any notice as the lease ends on the last day.
• Landlords can choose their preferred notice delivery method, such as serving the letter in person or sending it via registered or certified mail.

Tenant Rights and Responsibilities:

• Tenants are legally bound to pay rent for the full lease term, typically lasting a year, regardless of their continued residence in the rental unit.
• Tenants who break a lease without legal justification may face repercussions, including losing their security deposit, penalties, and potential lawsuits from landlords.
• Active military duty is a valid reason for tenants to break a lease without penalty. The Servicemembers Civil Relief Act protects members of the armed forces, Public Health Service, National Oceanic and Atmospheric Administration (NOAA), and Activated National Guard.
• Landlord harassment, such as entering the property without proper notice or locking out the tenant, may be grounds for tenants to break the lease without penalty.
• Landlords must meet health and safety standards, provide a habitable unit, and ensure utilities are in good working order.
• In cases of domestic violence, stalking, or sexual abuse, tenants may be able to break their lease without penalty by providing appropriate documentation.
• Tenants can legally withhold rent or break the lease if the landlord fails to provide reasonable accommodations for qualified disabilities or health issues, provide necessary disclosures, or repeatedly violates lease terms.

Landlord Rights and Responsibilities:

• Landlords cannot force tenants to move out of the rental unit. They must follow specific procedures, such as eviction rules, to remove tenants.
• For non-payment of rent, landlords must serve tenants with a 3-Day Pay or Quit Notice, allowing tenants three days to pay rent or vacate the premises.
• For serious lease violations, such as illegal substance manufacturing, landlords can issue an Unconditional Quit notice, giving tenants 10 days to move out.
• Landlords must make reasonable efforts to find a replacement tenant to mitigate financial damages when tenants break their lease.
• Landlords can withhold tenants' security deposits, sue for damages, or report tenants to tenant reporting bureaus if they break the lease without legal justification.

Rent increases in Missouri

Missouri does not have rent control laws, meaning there is no legal limit or cap on the number or amount of rent increases per year. Landlords in Missouri can raise rent at any time, as long as they comply with the following:

• They wait until the end of the lease term, unless otherwise specified in the lease.
• They give reasonable notice. There is no legal requirement for a specific notice period, except for mobile homes, which require 60 days' notice. Typically, the notice period for terminating a lease is used as reasonable notice for a rent increase.
• They are not raising rent for discriminatory reasons or for locally determined retaliatory reasons. For example, in Kansas City, landlords cannot increase rent because a tenant filed a complaint about health or safety, joined a tenants' union, or was the victim of domestic violence, sexual assault, or stalking.

In Missouri, rent is due on the day that the landlord and tenant agree to, and landlords are not required to give tenants a grace period for paying rent. However, landlords and tenants can agree to a grace period in the lease or rental agreement.

Housing discrimination in Missouri

Missouri has several laws in place to protect renters from housing discrimination. The Missouri Human Rights Act (Mo. Rev. Stat. § 213.040 (2024)) and the Federal Fair Housing Act prohibit landlords from discriminating based on race, colour, national origin, religion, physical or mental disability, sex, or for having children in the household. This includes refusing to rent or sell housing, setting different terms for the rental of a dwelling, and making housing unavailable to certain individuals.

In addition, landlords must follow federal fair housing laws, which prohibit discrimination based on familial status or age (including families with children under 18, pregnant women), disability or handicap, and sex (including gender identity and sexual orientation). Missouri landlords must also disclose any known history of methamphetamine production, radioactive or hazardous material contamination, and lead-based paint in the rental property.

Despite these protections, Missouri does not have a statewide law prohibiting discrimination based on sexual orientation or gender identity in housing. This leaves LGBT individuals vulnerable to discrimination, as evidenced by media reports and lawsuits. Some local governments and private employers in Missouri have adopted non-discrimination protections for LGBT individuals, but coverage is incomplete.

If a renter believes they have been discriminated against in housing, they can file a complaint with the Missouri Commission on Human Rights or the U.S. Department of Housing and Urban Development (HUD), which handles complaints about housing discrimination.

Frequently asked questions