Free Missouri Lease & Rental Agreement

Last updated September 27, 2026

Written by LawLease Editorial

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Missouri Residential Lease Agreement

A Missouri residential lease (also called a Missouri rental agreement) sets the rent, term and house rules for a home rental. A Missouri residential lease agreement is governed by Chapter 441 (Landlord and Tenant) and Chapter 535 (Landlord–Tenant Actions) of the Revised Statutes of Missouri. Missouri caps security deposits at two months’ rent and requires them back within 30 days, but sets no late-fee cap, no entry-notice period and no fixed waiting period before a nonpayment case — and it bars rent control statewide.

Missouri landlord–tenant law at a glance

Missouri residential lease law summary
Security deposit limit	2 months’ rent (a pet deposit falls outside the cap)RSMo §535.300
Deposit return	30 days — full refund, or an itemized list of damages plus the balanceRSMo §535.300.3
Late fees	No statutory cap or grace period; the lease controls
Rent-increase notice	No specific statute; a month-to-month change needs the one-month termination noticeRSMo §441.060
Landlord entry	No statutory notice period — the lease controls
Month-to-month termination	Written notice ending on a rent-paying date at least one month after receiptRSMo §441.060.4
Nonpayment eviction	No fixed notice period; rent must be demanded before filingRSMo §535.020
Rent control	Prohibited statewideRSMo §441.043

Security deposits in Missouri

A Missouri landlord may not demand or receive a security deposit of more than two months’ rent (§535.300.1). The statute defines a “security deposit” broadly — any money or property, however labeled, that secures the tenant’s performance — but expressly excludes a deposit for a pet, so a pet deposit sits outside the two-month cap (§535.300.8).

Where it’s held — Deposits must be kept in a federally insured bank, credit union or depository institution. Any interest earned belongs to the landlord, so Missouri requires no interest to be paid to the tenant (§535.300.2).
Allowed deductions — Only amounts reasonably necessary for unpaid rent, restoring the unit to its move-in condition less ordinary wear and tear, and actual losses caused by the tenant’s failure to give proper notice to end the tenancy — and the landlord must make reasonable efforts to mitigate that last one (§535.300.4).
Carpet cleaning — A lease may set carpet-cleaning charges that can be taken from the deposit, but only if the lease also tells the tenant they may be liable for actual carpet-cleaning costs beyond ordinary wear and tear; the landlord must provide a receipt within 30 days (§535.300.4(2)).
Move-out inspection — The landlord must give reasonable written notice of the date and time of the move-out inspection, and the tenant has the right to be present (§535.300.5).
Return — Within 30 days after the tenancy ends, the landlord must either return the full deposit or send a written itemized list of damages with the balance. Mailing it to the tenant’s last known address satisfies the rule (§535.300.3).
Wrongful withholding — A landlord who wrongfully withholds any part of the deposit owes the tenant twice the amount wrongfully withheld (§535.300.6). The tenant, in turn, can’t use the deposit in place of the last month’s rent (§535.300.7).

Rent, late fees & rent increases

Missouri has no statute capping residential late fees and no mandatory grace period. A late fee is enforceable because it is written into the lease, and — as with any contract charge — a fee far out of proportion to the landlord’s real loss risks being treated as an unenforceable penalty. There is no fixed legal number.

Rent increases — No Missouri statute sets a rent-increase notice period. Rent is fixed for a fixed-term lease; for a month-to-month tenancy, an increase is a change of terms, so the one-month termination notice under §441.060 is the practical minimum.
Rent control — No county or city may enact, maintain or enforce any ordinance that regulates the amount of rent for privately owned residential property (§441.043).
2025 preemption expansion — Effective August 28, 2025 (HB 595 & 343), cities and counties also may not require landlords to accept housing-assistance income, restrict landlords’ own screening criteria (income, credit, eviction or criminal history), cap security deposits, or impose right-of-first-refusal mandates. Local rules protecting recipients of veterans’ benefits remain allowed (§441.043).
Occupancy — A limit of two persons per bedroom is presumed reasonable in Missouri; it doesn’t apply to children born to the tenants during the lease (§441.060.2).

Landlord entry & access

Missouri has no statute setting a minimum notice period or hours for landlord entry. The lease controls, so it should state how much notice the landlord will give and when entry is allowed; outside the lease, the tenant’s right to quiet enjoyment limits the landlord to reasonable access. Emergency entry is generally permitted.

What Missouri does regulate is self-help. A landlord who removes or locks out a tenant, removes the tenant’s belongings or the doors or locks without a court order, or willfully interrupts essential services such as electricity, gas, water or sewer, is guilty of forcible entry and detainer (§441.233).

Ending a Missouri tenancy

Missouri ties month-to-month notice to the rent calendar rather than a flat day count: the notice must name a periodic rent-paying date at least one month after it is received (§441.060.4). Notice handed over mid-month therefore runs to the next rent day that is at least a month out. Any rental of a house or apartment that isn’t in a signed writing is treated as month-to-month (§441.060.3).

Notice to end a Missouri residential tenancy
Month-to-month	Written notice ending on a rent-paying date at least one month after receiptRSMo §441.060.4
At will, by sufferance, or under one year	One month’s written noticeRSMo §441.060.1
Fixed term	Ends on the date stated in the lease

Nonpayment — Once rent is due and has been demanded, the landlord may file a rent-and-possession action; no fixed waiting period and no §441.060 notice is required first (§535.020). Other unpaid charges can be joined, but they don’t count as rent and can’t by themselves support an order for possession.
Lease violations — Assigning or subletting without written consent, violating the written lease, committing waste, or allowing illegal gambling or drug activity lets the landlord recover possession after a 10-day notice to vacate (§§441.020–441.040).
Abandonment — A unit is deemed abandoned only if rent has been unpaid 30 days, the landlord reasonably believes the tenant has left, and a statutory notice is posted and mailed (first-class and certified) without a response within 10 days (§441.065).

Required disclosures in Missouri

Missouri’s statutes add few other lease disclosures.

Lead-based paint — Federal law requires the lead warning, the EPA pamphlet and any known-hazard disclosure for housing built before 1978 (42 U.S.C. §4852d).
Methamphetamine — A landlord who knows methamphetamine was produced on the premises must disclose that in writing to the prospective tenant, whether or not anyone was convicted (§441.236).
Carpet-cleaning notice — If you want to deduct agreed carpet-cleaning charges from the deposit, the lease itself must contain the statutory notice (§535.300.4(2)).

Habitability & repairs

Missouri courts recognize an implied warranty of habitability in residential leases (King v. Moorehead, Mo. App. 1973): the landlord must keep the unit fit to live in and in line with local housing codes.

Missouri also gives a limited statutory repair-and-deduct remedy. A tenant who has lived in the unit six consecutive months, paid everything due and had no uncured lease violations may fix a code violation affecting habitability, sanitation or security if the landlord doesn’t act within 14 days of written notice. The deduction is capped at $300 or half a month’s rent, whichever is greater, never more than one month’s rent in any 12 months — and if the landlord disputes the repair in writing, the tenant first needs a municipal code-violation certification (§441.234).

Tenant protections you can’t waive

No self-help eviction — Lockouts, removing a tenant’s belongings, or cutting essential utilities without a court order is forcible entry and detainer (§441.233).
Repair-and-deduct — No lease may waive the tenant’s statutory repair-and-deduct rights (§441.234.2).
Deposit rules — The two-month cap, 30-day return and double-damages penalty apply regardless of what the lease says (§535.300).
Court process only — Possession is recovered through a court judgment and the officer’s execution of it; only if the officer fails to deliver possession within seven days of receiving the writ may the landlord take possession, in the presence of law enforcement (§441.060.5). Removal without judicial process is forcible entry and detainer (§441.233).

Missouri lease agreement FAQs

How much can a landlord charge for a security deposit in Missouri?

No more than two months’ rent (§535.300.1). A deposit specifically labeled as a pet deposit isn’t counted toward that cap, because the statute excludes pet deposits from the definition of a security deposit (§535.300.8).

How long does a landlord have to return a security deposit in Missouri?

30 days after the tenancy ends. The landlord must either return the full deposit or send a written itemized list of damages with the remaining balance; mailing it to the tenant’s last known address counts. Wrongfully withholding any part exposes the landlord to twice the amount withheld (§535.300.3, .6).

Is there a limit on late fees in Missouri?

No. Missouri has no statutory late-fee cap and no required grace period — the fee and when it applies are whatever the lease says. A fee wildly out of line with the landlord’s actual loss can still be challenged as a penalty.

How much notice does a Missouri landlord need to give before entering?

Missouri has no entry-notice statute, so the lease sets the rule. A clear notice period in the lease protects both sides; emergency entry is generally allowed. Lockouts and utility shutoffs, however, are illegal self-help (§441.233).

How do you end a month-to-month lease in Missouri?

Either party gives written notice stating that the tenancy ends on a periodic rent-paying date at least one month after the notice is received (§441.060.4). If rent is due on the 1st and notice is received on the 15th, the earliest end date is the 1st of the month after next.

How much notice is required to evict for nonpayment in Missouri?

Missouri sets no fixed pay-or-quit period. Once rent is due and the landlord has demanded it, the landlord can file a rent-and-possession case, and the one-month notice under §441.060 isn’t required first (§535.020).

Does a Missouri lease have to be in writing or notarized?

Notarization isn’t required. A lease longer than one year must be in writing to be enforceable under the statute of frauds (§432.010), and any rental that isn’t in a signed writing is treated as a month-to-month tenancy (§441.060.3).

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