Is it necessary to have a written lease or rental agreement in Missouri?
The agreement can be either written or oral. Written agreements are more common and better protect by the landlord and the tenant. However, leases for 1 year or more MUST be in writing and signed by both parties. An oral agreement obligates the parties for only 1 month, in other words it is a month-to-month agreement and renews at the end of each rental period.
What about a signed move-in move-out inspection report?
A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.
Can the landlord charge a deposit?
The landlord is entitled to charge a security deposit, not to exceed a maximum of 2 months' rent. At the end of the lease, the landlord has 30 days to return the security deposit with an itemized list of damages for which any portion of the deposit is retained. During that 30-day period, the landlord must notify the tenant of the time and date when the landlord plans to inspect the premises. The tenant has the right to be present during the move-out inspection, which must be conducted at a reasonable time. The tenant should provide the landlord with a forwarding address in writing.
When is the landlord allowed to increase the rent?
If the lease is for a fixed period, the rent cannot be increased during the lease term unless it was specifically provided for in the written lease and agreed to by the tenant. For month-to-month tenancies, the landlord can raise the rent on 1 month's written notice. There is no rent control, so the landlord is at liberty to raise the rent as they see fit.
How can a lease be terminated?
If the lease is for a fixed period (such as 1 year), it terminates at the end of the lease term, unless the parties agree to early termination. For month-to-month tenancies, either party can terminate the agreement by giving 1 month's written notice to the other party.
Active-duty members of the armed forces may end a lease with 15 days' written notice if (i) they receive a permanent change of station; (ii) they receive temporary duty orders to a station at least 25 miles away for 90 days or more; (iii) they are discharged or released from active duty; or (iv) they are ordered to live in government-supplied quarters. Under any of these conditions, the tenant is entitled to a full refund of the security deposit if the other lease provisions have been met.
A landlord must give 60 days notice before terminating a lease for a mobile home lot.
Can a tenant assign the lease or sublet the premises?
The tenant must get the landlord's approval before assigning the lease or subleasing to another tenant. Missouri law allows the landlord to double the amount of rent if a tenant does so without the landlord's approval.
When is the landlord permitted to enter the premises?
There is no State law governing the landlord's entering of the premises. This issue should be agreed upon by the parties as part of the lease. Reasonable notice is generally considered to be 24-48 hours.
On what grounds can a landlord evict a tenant?
A landlord can evict a tenant (i) if the tenant fails to pay the rent; (ii) if the tenant fails to vacate the premises at the end of the lease term; (iii) if the tenant or a guest of the tenant has damaged the premises or the landlord's property; (iv) if the tenant violates a condition of a written lease; (v) if the tenant is involved in criminal activity, (vi) if the tenant injures the landlord or another tenant. The courts have the authority to expedite removal of tenants involved in drug-related criminal activity or violence, even where there is no arrest.
It is illegal for a landlord to forcibly enter the premises, attempt to remove a tenant or his/her belongings, or cut off utilities or essential services in an attempt to get a tenant to move out.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
[close]
