Missouri victims and leases: what RSMo 441.920 means for a landlord
RSMo 441.920 does not give Missouri tenants a fixed notice period. It bars denying tenancy, evicting or finding a lease violation because someone is or may become a victim of domestic violence, sexual assault or stalking, and gives the tenant an affirmative defense to rent owed after moving out. The landlord may impose a reasonable termination fee. Documentation is a statement plus, if requested, one of two kinds of record.
Who is protected in Missouri?
Applicants, tenants and lessees who are, have been, or are in imminent danger of becoming a victim of domestic violence, sexual assault or stalking, as defined in section 455.010. The section applies only to residential properties.
Subsection 2 bars denying tenancy, evicting, or finding a lease violation because of or as a direct result of that status, if the person otherwise qualifies. It does not apply if the tenant let the person named in the documentation into the premises, or if you reasonably believe that person is a threat to the safety of other occupants or the property.
What proof can you ask for?
The person qualifies by giving you a statement of the domestic violence, sexual assault or stalking. If you ask, the person must also provide documentation in either of these forms:
- A document signed by an employee of a victim service provider, or a health care or mental health professional the victim sought help from, saying under penalty of perjury that the individual believes the incident occurred and meets the definition. The victim must sign it as well.
- A record of a federal, state or local law enforcement agency, including a police report, a court or an administrative agency about the incident.
False information can be a basis for denying tenancy, evicting or finding a lease violation (subsection 5).
What happens when the tenant leaves early?
This is the Missouri difference. The section does not set a notice period or a release date. Instead, subsection 3 says that in any action you bring under chapter 441, 534 or 535, a tenant has an affirmative defense and is not liable for rent for the period after vacating if the court finds, by a preponderance of the evidence, that the tenant was a victim or in imminent danger of becoming one, and the tenant told you and provided any documentation you requested.
Subsection 6 also says you may impose a reasonable termination fee on a tenant who ends a lease early under the section. The statute does not say what is reasonable, so keep any fee tied to a real, documented figure.
Example a made-up tenant in Kansas City pays $900 a month and tells you in writing on the 5th, with a police report you requested, that the tenant is leaving on the 15th. If you later sue for the four remaining months ($3,600), the tenant can raise the defense in subsection 3. Any termination fee you charge must be reasonable.
What the section does not say
The text I read has no notice period, no lock change rule and no confidentiality clause. For lock changes and privacy, check other Missouri law and your local rules, and treat the papers as private regardless. When a tenant tells you about violence, answer in writing, ask for only what the statute allows, and avoid anything that looks like a penalty for being a victim.
How DoorKeeping fits in Missouri
DoorKeeping keeps the written notice, the proof the tenant gave and your reply together in the Missouri tenant's file, with dates. If you decide on a termination fee, the figure and your reasons are recorded before you approve it. Any rent, deposit or lock decision waits for your one-tap approval. This is general information, not legal advice. Check the current statute and your lease before you act.
Sources
Questions
- Can I evict a Missouri tenant because she is a domestic violence victim?
- No, with the two exceptions in RSMo 441.920(2): the tenant let the named person in, or you reasonably believe that person threatens other occupants or the property.
- Does Missouri set a notice period for leaving?
- The section sets none. It gives an affirmative defense to rent owed after the tenant vacates if the tenant told you and gave any documentation you requested.
- Can I charge a termination fee in Missouri?
- The statute says a landlord may impose a reasonable termination fee.