Learn when and how renters in Missouri may lawfully break a lease, as well as how to minimize their obligation for rent until the conclusion of the lease period.
Many renters who sign a lease for an apartment or rental unit intend to remain for the whole term of the lease, which is typically one year. Despite your best efforts, you may want (or need) to leave before your lease expires, for example, if you’re a student at Missouri State and just want to remain in your apartment during the school year. Or maybe you’re relocating with your significant other. You may need to relocate to be closer to your new career or an older parent who need your assistance.
Many renters who sign a lease for an apartment or rental unit intend to remain for the whole term of the lease, which is typically one year. Despite your best efforts, you may want (or need) to leave before your lease expires, for example, if you’re a student at Missouri State and just want to remain in your apartment during the school year. Or maybe you’re relocating with your significant other. You may need to relocate to be closer to your new career or an older parent who need your assistance.
Breaking the lease is leaving before the end of a fixed-term lease without paying the remaining rent owed under the lease. Here’s a quick rundown of Missouri tenant rights to end a contract without additional obligation for rent.
Tenant Rights and Responsibilities in Missouri When Signing a Lease
A lease binds you and your landlord for a certain length of time, generally a year. A landlord cannot raise the rent or amend other provisions of a standard lease until the contract expires (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord cannot compel you to leave before the lease expires unless you fail to pay the rent or breach another key requirement, such as holding huge and raucous parties on a regular basis. Landlords in Missouri must follow particular processes to discontinue the tenancy in these instances. Before launching an eviction action, your landlord, for example, must offer you a demand to pay the rent or leave. Missouri Revised Statutes 535.020, 535.060 (2022).) If you utilized the premises to sell or distribute prohibited drugs, your landlord may issue you an unconditional quit notice with 10 days to vacate (Mo. Rev. Stat. 441.020, 441.040 (2022).)
Tenants are legally obligated to pay rent for the whole lease period, which is normally one year, whether or not they continue to reside in the rented unit—with the exceptions listed below.
When Is It Legal to Break a Lease in Missouri?
Missouri law makes it difficult for renters to break their leases or withhold payments. Instead, when a landlord violates the agreement, the tenant must continue to pay rent while filing a lawsuit against the landlord. In Missouri, the only exception to this rule is when the lease expressly stipulates that the tenant may break the lease as a result of the landlord’s poor behavior—a extremely unusual occurrence. Another possible exemption is if the landlord has “constructively evicted” the renter.
Missouri Constructive Eviction
When a landlord has constructively evicted a tenant, Missouri law permits them to cease paying rent and walk out. In Missouri, a constructive eviction occurs when the landlord, by illegal behavior or failure to satisfy lease obligations, significantly interferes with the tenant’s enjoyment of the rental. Even though a Missouri lease does not expressly state that the landlord will provide safe and habitable premises, the guarantee is implicit in the lease and is referred to in legalese as the “implied warranty of habitability.” 495 S.W.2d 65 (Mo.App. 1973).
Constructive eviction may take various forms, such as a landlord entering the property without permission or a landlord failing to correct a major condition that constitutes a health and safety risk. However, if you believe your Missouri landlord has engaged in constructive eviction, you should consult with an attorney. Proving constructive eviction can be difficult, and if you move out and a judge decides that the landlord’s actions did not constitute constructive eviction, you may be liable for back rent and other penalties—as well as having an eviction on your record, which may make finding a rental in the future difficult.
If Your Landlord Inadvertently Locks You Out
Under Missouri law, a landlord is guilty of forceful entrance and detainer if he or she takes a tenant’s goods or locks them out of a rental without legal process and a court order. Missouri Revised Statutes 441.233(1) (2022).) However, a tenant’s recourse in this case is to sue the landlord in court rather than withhold rent or walk out.
If a tenant can establish that a landlord committed forced detainer, the tenant may be entitled to monetary compensation for any out-of-pocket expenses or property damage. The court may also order the landlord to pay “punitive” damages, which are sums of money used to penalize the landlord if the landlord acts willfully and maliciously.
If Your Landlord Turns Off Your Utilities
Another instance in which Missouri landlords may be found guilty of forceful entrance and detainer is when they cut off critical supplies to the property, such as electricity, gas, water, or sewage service. Missouri Revised Statute 441.233 (2022).)
Similarly to what occurs when a landlord illegally locks a tenant out (see above), the renter may be entitled to obtain monetary compensation for any out-of-pocket expenses or property damage. Although the law is unclear on this topic, a court may impose punitive damages to the renter if the landlord intentionally and maliciously cut off the utilities.
If You Are About to Enter Active Military Service
Under federal law, if you join active military duty after signing a lease, you have the right to break the contract. 50 U.S.C.A. 3955 (2022).) You must be a member of the “uniformed services,” which include the armed forces, the National Oceanic and Atmospheric Administration’s (NOAA) commissioned corps, the Public Health Service’s commissioned corps, and the activated National Guard. You must notify your landlord in writing of your intention to end your lease for military reasons. Once the notice is sent or delivered, your tenancy will end 30 days after the next due date for rent, even if that date is many months before your lease ends. State laws may also impact renters’ ability to break a lease in order to enlist in the military.
Missouri Landlord’s Obligation to Find a New Tenant
If you break your lease without a valid reason, you will still be accountable for the remaining rent owing under the lease period. However, if you have paid the landlord a security deposit (up to two months’ rent under Missouri law), and the landlord utilizes the deposit to pay part or all of the future rent, the landlord must take measures to locate a new renter. In legalese, the landlord must “mitigate damages,” or reduce your liability for the remaining rent. Your duty ceases the moment a new renter starts paying rent. Missouri Revised Statute 535.300 (2022).)
In principle, a landlord who chooses not to utilize the security deposit might choose to return the deposit and sue the departing tenant for the full rent owed under the lease, without taking any measures to locate a new tenant for the remainder of the term. In reality, however, few landlords would return a large sum of money, keep a unit unoccupied, then file a lawsuit at the end of the lease period in the hopes of finding the original tenant and having the cash to pay a judgment. Most landlords will utilize the deposit to re-rent the property, aware of the dangers of leaving a unit unoccupied, as well as the trouble and possibility of future litigation.
Your landlord must hunt for a new tenant as soon as possible, but they are not required to alter their rental criteria, such as re-renting below fair market value or to renters with bad credit. Your landlord may also be able to recoup reasonable charges such as advertising fees. However, apart from forfeiting your deposit, you will only be liable for the (hopefully short) time while the unit is unoccupied. The bad news is that if the landlord is unable to locate a suitable renter, you will be responsible for paying rent for the balance of your lease period.
If you do not pay a deposit, or if your deposit is inadequate to cover damages or past-due rent, your landlord may sue you for the complete amount of lost rent. Depending on the term of your lease, this may be a significant sum. Your landlord has the right to sue you in Missouri small claims court, where the maximum award is $5,000. Your landlord will most likely opt to mitigate since most landlords need security deposits and utilize deposits to cover future overdue rent.
How to Reduce Your Financial Liability When Breaking a Lease
If you want to leave early and don’t have a legal reason, there are better choices than just packing out and praying your landlord finds a new renter swiftly. There are many things you can do to reduce the amount of money you have to pay your landlord—and to assist assure a positive recommendation from the landlord when you’re searching for your next place to live.
You may assist the issue by giving your landlord as much notice as possible and sending a heartfelt letter explaining why you need to leave early. Ideally, you should be able to provide your landlord a suitable replacement renter, someone with strong credit and solid references, to sign a new lease.