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If you’re a Missouri investor or landlord, you should at least be familiar with state landlord-tenant laws in order to operate your rental properly and avoid legal trouble. In this article, we share exactly what a landlord cannot do in Missouri, as well as some safeguards that will protect you and your property!
Disclaimer: The information in this article is for educational purposes only and does not constitute legal advice. Missouri landlord-tenant laws are subject to change and may apply differently based on specific circumstances. For legal guidance on your particular situation, please consult a qualified Missouri attorney.
Summary:
- Missouri landlords cannot charge more than two months’ rent for security deposits or keep deposits beyond 30 days after move-out (without an itemized list of damages).
- In Missouri, landlords cannot use “self-help” eviction tactics, such as shutting off utilities or changing locks to end tenancy, and must instead follow the legal eviction process.
- Buying professionally managed, turnkey rentals can help alleviate the burden of screening tenants, communicating with residents, and handling evictions.
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8 Things a Landlord Cannot Do in Missouri
Missouri is largely a landlord-friendly state, but there are certain things Missouri landlords can’t do:
1. Charge a Security Deposit of More Than 2 Months’ Rent
While Missouri doesn’t have rent control laws, there are clear security deposit limits landlords must follow. You cannot charge a tenant (or receive) any security deposit that exceeds two months’ rent.
2. Keep a Security Deposit for Longer Than 30 Days
After a tenancy ends, landlords have 30 days to either return the tenant’s full security deposit or deliver an itemized list of damages to the tenant. If there’s a balance after repair costs have been deducted, the landlord must return it during this timeframe as well.
3. Refuse to Make (and Pay For) Habitability-Related Repairs
Landlords cannot neglect repairs that impact the tenant’s right to safe and private housing. Ordinary wear and tear is the landlord’s responsibility, and any habitability-related repairs must be promptly addressed and paid for by the landlord.
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4. Shut Off Utilities While a Tenant is In Place
A landlord cannot shut off a tenant’s water, electricity, or gas for any reason, as this is considered a “self-help” eviction tactic and denies the tenant a safe living environment. Landlords should instead follow the legal eviction process if they wish to have a tenant removed before their lease period ends.
5. Neglect to Inform Tenants of a Transfer in Ownership
Missouri tenants have the right to know whenever there’s a change in ownership. So, whether you’re buying or selling a rental property, you should provide written notice to any existing tenants as the property changes hands.
6. Implement “Self-Help” Eviction Tactics
In Missouri, you must follow the legal process for evicting tenants. This means landlords cannot “force” tenants out by removing their personal property, changing locks, or using other unlawful methods. Unless a grace period is stated in the lease agreement, the landlord can begin the eviction process once payment is late. For certain lease violations, landlords may be required to serve a 10-day notice to vacate, depending on the lease terms and circumstances.
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7. Deny a Tenant’s Right to Be Present During Inspections
Missouri tenants have the right to be present at any unit inspections the landlord schedules. Make sure you clearly communicate the date and time of the inspection to your tenant so that they have the option to be present.
8. Ignore the Entry Rules in Your Lease
There is no Missouri state law requiring a minimum notice period for entry. This means landlords and tenants must follow whatever entry rules are stated in the written lease. In all states, the landlord maintains the right to enter a unit without the tenant’s consent in the case of an emergency.
Pro Tips for Tenant Communication
Proper communication is key to being a good landlord and staying within the bounds of the law. Here are several ways to improve tenant communication:
Use a Professional Lease (Expert or Lawyer-Approved)
When creating your lease agreement, consult an experienced property manager or real estate attorney. They can help ensure it’s not only tailored to your preferences but also compliant with Missouri landlord-tenant laws. Don’t attempt to build your own from scratch or rely on the template you found online!
Buy Turnkey or Hire Property Management
Don’t have the time or bandwidth to give your rental property the attention it needs? Hire a property manager to oversee your rental’s day-to-day, or better yet, buy turnkey. These are new builds and recently renovated properties that come with professional management (and often tenants) already in place.
Document Everything Before Move-In/After Move-Out
It’s crucial to document the condition of your property before and after any tenancy. Start by taking photos of the unit’s exterior and interior—including each room, its walls, ceilings, floors, windows, appliances, light fixtures, and more. Then, write notes that provide context or describe things that can’t be captured visually—like the condition of a HVAC system or the functionality of a dishwasher, for example.
Keep It In Writing!
All communication with tenants, and especially disputes, should be kept in writing. A thorough paper trail can help strengthen your case when responding to a resident, evicting a tenant, or navigating a lawsuit.
Let the Pros Take Care of Tenant Communication!
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What a Landlord Cannot Do Missouri FAQs
Can a Landlord Evict You Immediately in Missouri?
No, a landlord cannot immediately evict a tenant in Missouri, but they can begin the eviction process after payment is one day late (if no grace period is specified in the lease agreement). For lease violations, the landlord may be required to serve a 10-day notice to vacate.
Can Landlords Shut Off Utilities in Missouri?
No, you cannot shut off a tenant’s utilities for any reason, including nonpayment and lease violations. You must go through the legal eviction process to have them lawfully removed from the property.
How Much Can You Charge for a Security Deposit in Missouri?
In Missouri, landlords can charge a maximum of two months’ rent for a security deposit. Deposits must be returned within 30 days after tenancy, unless the landlord provides an itemized list of damages.