This information is prepared as an informational service only and should not be relied upon as official records of any kind The state law compiled, summarized, and linked to at this site is believed to have been accurate and up-to-date at the time it was created.  However, members are reminded that laws and regulations constantly change and, accordingly, we cannot make any representation, expressed or implied, that the information contained here is the very latest available, that it can be used without independent legal or professional advice, or that it would be interpreted in any particular way by any governmental agency or court.

Security deposits, limitation--return of deposit or notice of damages, when--withholding deposit, when--tenant's right to damages--security deposit defined.

535.300.

1. A landlord may not demand or receive a security deposit in excess of two months' rent.
2. Within thirty days after the date of termination of the tenancy, the landlord shall:

(1) Return the full amount of the security deposit; or
(2) Furnish to the tenant a written itemized list of the damages for which the security deposit or any portion thereof is withheld, along with the balance of the security deposit. The landlord shall have complied with this subsection by mailing such statement and any payment to the last known address of the tenant.

3. The landlord may withhold from the security deposit only such amounts as are reasonably necessary for the following reasons:

(1) To remedy a tenant's default in the payment of rent due to the landlord, pursuant to the rental agreement;
(2) To restore the dwelling unit to its condition at the commencement of the tenancy, ordinary wear and tear excepted; or
(3) To compensate the landlord for actual damages sustained as a result of the tenant's failure to give adequate notice to terminate the tenancy pursuant to law or the rental agreement; provided that the landlord makes reasonable efforts to mitigate damages.

4. The landlord shall give the tenant or his representative reasonable notice in writing at his last known address or in person of the date and time when the landlord will inspect the dwelling unit following the termination of the rental agreement to determine the amount of the security deposit to be withheld, and the inspection shall be held at a reasonable time. The tenant shall have the right to be present at the inspection of the dwelling unit at the time and date scheduled by the landlord.
5. If the landlord wrongfully withholds all or any portion of the security deposit in violation of this section, the tenant shall recover as damages not more than twice the amount wrongfully withheld.
6. Nothing in this section shall be construed to limit the right of the landlord to recover actual damages in excess of the security deposit, or to permit a tenant to apply or deduct any portion of the security deposit at any time in lieu of payment of rent.
7. As used in this section, the term "security deposit" means any deposit of money or property, however denominated, which is furnished by a tenant to a landlord to secure the performance of any part of the rental agreement, including damages to the dwelling unit. This term does not include any money or property denominated as a deposit for a pet on the premises.

Section 441.040 August 28, 1996 Landlord may take possession, when.

441.040. If any tenant shall violate the provisions of section 441.030, the landlord, or person holding under him, after giving ten days' notice to quit possession, shall have a right to reenter the premises and take possession thereof, or to oust the tenant, subtenant or undertenant by the proper procedure.

(RSMo 1939  2968)

Prior revisions: 1929  2582; 1919  6878; 1909  7881 (1956) This section has no application to a three-year lease. Waring v. Rogers (A.), 286 S.W.2d 374.

Section 441.043 August 28, 1996 Counties and cities not to adopt ordinances regulating rents of private or commercial property, exceptions.

441.043. No county or city, or county or city with a charter form of government may enact, maintain, or enforce any ordinance or resolution which regulates the amount of rent to be charged for privately-owned, single-family, or multiple-unit residential or commercial rental property. This section shall not be construed as prohibiting any county or city, or any authority created by a county or city for that purpose, from:

(1) Regulating in any way property belonging to that city, county, or authority;
(2) Entering into agreements with private persons which regulate the amount of rent charged
for subsidized rental properties; or
(3) Enacting ordinances or resolutions restricting rent for properties assisted with community development block grant funds.

(L. 1989 H.B. 602 § 2)

Section 441.050 August 28, 1996 Tenancy from year to year, how terminated.

441.050. Either party may terminate a tenancy from year to year by giving notice, in writing, of his intention to terminate the same, not less than sixty days next before the end of the year.(RSMo 1939  2969) Prior revisions: 1929  2583; 1919  6879; 1909  7882

CROSS REFERENCE:

Service of notice, generally, RSMo 1.190

(1957) Fact that tenant held over eleven days after expiration of written lease did not of itself create a new tenancy from year to year, and tenant had no interest in premises condemned under action filed on 12th day. Millhouse v. Drainage Dist. No. 48 of Dunklin Co. (A.), 304 S.W.2d 54.

(1964) Trial court reasonably have found that oral agreement between plaintiff and defendant that plaintiff would get one-third of crops and pay one-third of combining and fertilizing, where no fixed rental was agreed upon and defendant did not even pay rent in cash, no discussion was had as to length of term, defendant furnished his own seed and decided what crops to plant and used his own equipment, did not constitute a tenancy from year to year and therefore defendant was not entitled to sixty days' notice. Smith v. McNew (A.), 381 S.W.2d 369.

Section 441.060 August 28, 1996 Tenancy at will, sufferance, month to month, how terminated.

441.060.

1. A tenancy at will or by sufferance, or for less than one year, may be terminated by the person entitled to the possession by giving one month's notice, in writing, to the person in possession, requiring him to remove.
2. All contracts or agreements for the leasing, renting or occupation of stores, shops, houses, tenements or other buildings in cities, towns or villages, and of stores, shops, houses, tenements or other buildings except when such leasing, renting or occupation is as tenant of real estate used or rented for agricultural purposes, other than garden purposes, not made in writing, signed by the parties thereto, or their agents, shall be held and taken to be tenancies from month to month, and all such tenancies may be terminated by either party thereto, or his agent, giving to the other party, or his agent, one month's notice, in writing, of his intention to terminate such tenancy. (RSMo 1939  2971, A.L. 1951 p. 747) Prior revisions: 1929  2584; 1919  6880; 1909  7883

CROSS REFERENCE:

Leases, not in writing, operate as estates at will, RSMo 432.050

(1956) When on nonpayment of rent under lease by tenant, landlord invoked harsh remedy of common law forfeiture and sought to recover double damages and double rents, he would be held to strict requirements of common law as to forfeiture, i.e. that rent was required to be demanded on the day it became due. Waring v. Rogers (A.), 286 S.W.2d 374.

(1962) Where tenant did not give notice in writing of termination of month-to-month tenancy, landlord recovered rent for three month period extending to time landlord restored center partition in building which act constituted acceptance of surrender of premises. Rauth v. Dennison (A.), 357 S.W.2d 201.

(1963) Where tenant did not occupy dwelling house under written agreement, and written notice to remove was served on August 7, 1961, landlord had immediate right to possession when she sued in ejectment therefor on September 14, 1961, and restitution of possession was proper. Davis v. Broughton (A.), 369 S.W.2d 857.

Section 441.070 August 28, 1996 No notice necessary, when.

441.070. No notice to quit shall be necessary from or to a tenant whose term is to end at a certain time, or when, by special agreement, notice is dispensed with. (RSMo 1939  2972) Prior revisions: 1929  2585; 1919  6881; 1909  7884

Section 441.080 August 28, 1996 Liability of tenants after termination of term.

441.080. If any tenant for life or years, or if any other person, who may come into the possession of any lands or tenements under or by collusion with such tenant, shall willfully hold over the same after the termination of such term, and after demand made and notice in writing given, requiring the possession thereof, by the person entitled thereto, such person so holding over shall pay to the person so kept out of possession double the yearly value of the lands or tenements so detained, for all the time he shall keep the person entitled out of possession. (RSMo 1939  2966) Prior revisions: 1929  2580; 1919  6876; 1909  7879

Section 441.090 August 28, 1996 Recovery action--tenant served with summons--notice--penalty.

441.090. Every tenant on whom a summons in an action to recover the tenements held by him shall be served shall forthwith give notice thereof to the person, or the agent of the person, of whom such tenant holds, under the penalty of forfeiting to such person the value of three years' rent of the premises occupied by him. (RSMo 1939  2963) Prior revisions: 1929  2577; 1919  6873; 1909  7876

Section 441.100 August 28, 1996 Tenant giving notice to quit, and failing to do so, liable.

441.100. If any tenant shall give notice, in writing, of his intention to quit the premises held by him, at a time specified in such notice, and shall not deliver up the possession thereof at such time, such tenant, his executors or administrators shall from thenceforward pay to the landlord, his heirs or assigns, double the rent reserved during all the time such tenant shall so continue in possession. (RSMo 1939  2964) Prior revisions: 1929  2578; 1919  6874; 1909  7877

Section 441.110 August 28, 1996 Such rent, how recovered.

441.110. Such double rent shall be recovered in the same manner, at the same time, that the single rent is recoverable. (RSMo 1939  2965) Prior revisions: 1929  2579; 1919  6875; 1909  7878

Section 441.240 August 28, 1996 Attachment for rent.

441.240.

1. Any person who shall be liable to pay rent, whether the same be due or not, or whether the same be payable in money or other thing, if the rent be due within one year thereafter, shall be liable to attachment for such rent, in the following instances:

(1) When he intends to remove his property from the leased or rented premises;
(2) When he is removing his property from the leased or rented premises;
(3) When he has, within thirty days, removed his property from the leased or rented premises;
(4) When he shall in any manner dispose of the crop, or any part thereof, grown on the leased or rented premises, so as to endanger, hinder or delay the collection of the rent;
(5) When he shall attempt to dispose of the crop, or any part thereof, grown on the leased or rented premises, so as to endanger, hinder or delay the collection of the rent;
(6) When the rent is due and unpaid, after demand thereof. Provided, if such tenant be absent from such leased premises, demand may be made of the person occupying the same.

2. The person to whom the rent is owing, or his agent, may, before an associate circuit judge or the clerk of a court of record having jurisdiction of actions by attachment in ordinary cases, of the county in which the premises lie, make an affidavit of one or more of the foregoing grounds of attachment, and that he believes unless an attachment issue plaintiff will lose his rent; and upon the filing of such affidavit, together with a statement of plaintiff's cause of action, such officer shall issue an attachment for the rent against the personal property, including the crops grown on the leased premises, but no such attachment shall issue until the plaintiff has given bond, executed by himself or by some responsible person for him, as principal, in double the amount sued for, with good security, to the defendant to indemnify him if it appear that the attachment has been wrongfully obtained; provided, if any person shall buy any crop grown on demised premises upon which any rent is unpaid, and such purchaser has knowledge of the fact that such crop was grown on demised premises, he shall be liable in an action for the value thereof, to any party entitled thereto, or may be subject to garnishment at law in any suit against the tenant for the recovery of the rent. (RSMo 1939 § 2986, A.L. 1945 p. 1107) Prior revisions: 1929 § 2599; 1919 § 6893; 1909 § 7896

CROSS REFERENCE:

Attachment, generally, Chap. 521, RSMo (1993) Landlord's lien on tenant's crops attach in year crops sprout, rather than in year crops are harvested and sold. Lien for 1989 rent attached to crops planted in 1989 and harvested in 1990. Jenkins v. Missouri Farmers Association, Inc., 851 S.W.2d 542 (Mo. App. W.D.).

Section 441.250 August 28, 1996 Proceedings to be same as in suits by attachment.

441.250. Proceedings on all attachments issued under this chapter shall be the same as provided by law in case of suits by attachment. (RSMo 1939  2987) Prior revisions: 1929  2600; 1919  6894; 1909  7897

Section 441.260 August 28, 1996 Who may recover rent.

441.260. Any person to whom rent is due, whether he have the reversion or not or his personal representatives or assignee, may recover such rent, as provided in sections 441.240 and 441.250, whatever be the estate of the person owning the land, or though his estate or interest in it be ended. (RSMo 1939  2988) Prior revisions: 1929  2601; 1919  6895; 1909  7898

Section 441.270August 28, 1996 What property exempt from attachment for rent.

441.270. Property exempt from execution shall be also exempt from attachment for rent, except the crop grown on the demised premises on which the rent claimed is due. (RSMo 1939  2992) Prior revisions: 1929  2605; 1919  6899; 1909  7902

CROSS REFERENCE: Exemptions from execution, Chap. 513, RSMo

Section 441.280 August 28, 1996 Landlord's lien on crops for rent.

441.280. Every landlord shall have a lien upon the crops grown on the demised premises in any year, for the rent that shall accrue for such year, and such lien shall continue for eight months after such rent shall become due and payable, and no longer. When the demised premises or any portion thereof are used for the purpose of growing nursery stock, a lien shall exist and continue on such stock until the same shall have been removed from the premises and sold, and such lien may be enforced by attachment in the manner herein provided.

(RSMo 1939  2976) Prior revisions: 1929  2589; 1919  6885; 1909  7888 (1993) Landlord's lien on tenant's crops attach in year crops sprout, rather than in year crops are harvested and sold. Lien for 1989 rent attached to crops planted in 1989 and harvested in 1990. Jenkins v. Missouri Farmers Association, Inc., 851 S.W.2d 542 (Mo. App. W.D.).

Section 441.290 August 28, 1996 Landlord's lien for money or supplies furnished tenant.

441.290. Every landlord shall have a superior lien, against which the tenant shall not be entitled to any exemption, upon the whole crop of the tenant raised upon the leased or rented premises, to reimburse the landlord for money or supplies furnished to the tenant to enable him to raise and harvest the crops or to subsist while carrying out his contract of tenancy, but the lien of the landlord shall not continue for more than one hundred and twenty days after the expiration of the tenancy, and, if the property upon which there is a lien be removed from the leased premises and not returned, the landlord shall have a superior lien upon the property so removed for fifteen days from the date of this removal, and may enforce his lien against the property wherever found.

(RSMo 1939  2977) Prior revision: 1929  2590 (1968) Section 441.300, RSMo, does not prescribe an exclusive method of enforcement of the lien created by this section. Oliver v. Fisher (A.), 430 S.W.2d 611.

Section 441.300 August 28, 1996 Lien, how enforced.

441.300. The landlord may enforce the lien given in sections 441.280 and 441.290 by distress or attachment, in the manner provided in this chapter for the collection of rent, and subject to the same liability, and the action for money or supplies and for rent may be joined in the same action.

(RSMo 1939  2978) Prior revision: 1929  2591 (1968) This section does not prescribe an exclusive method of enforcement of the lien created by section 441.290. Oliver v. Fisher (A.), 430 S.W.2d 611.