In Missouri, tenants have the legal right to withhold rent only under specific conditions, particularly when a landlord fails to maintain safe and habitable living conditions. This right is tied to the “implied warranty of habitability,” which means that landlords must ensure rental properties are fit to live in.
Here’s a breakdown of the reasons and rules around withholding rent in Missouri.
When Is Withholding Rent Allowed in Missouri?
Tenants can legally withhold rent if their rental unit becomes uninhabitable and the landlord does not fix the problem within a reasonable time after receiving written notice. These issues include:
- No running water, electricity, or heat
- Severe plumbing or structural problems
- Roof leaks, mold, or pest infestations
- Any conditions that put your health or safety at risk
Steps to Take Before Withholding Rent
You can’t just stop paying rent the moment something breaks. Missouri law requires tenants to follow a specific process:
- Give Written Notice:
Notify your landlord in writing about the issue. Keep a copy of the notice. The letter should describe the problem clearly and request that it be fixed. - Allow Reasonable Time for Repairs:
Give the landlord a reasonable amount of time to respond—usually 14 to 30 days, depending on how serious the problem is. - Take Action If No Repairs Are Made:
If the landlord does not fix the issue, tenants may have a few legal options:- Withhold a portion of the rent that reflects how the problem reduces the rental value
- Pay for repairs out-of-pocket and deduct the cost from rent (must not exceed one month’s rent and must follow correct procedures)
- Break the lease and move out if the unit is completely uninhabitable
What You Cannot Withhold Rent For
Tenants cannot withhold rent for minor issues or annoyances, like:
- Dripping faucets
- Scuffed walls or worn carpet
- Delayed responses to non-urgent maintenance
Also, tenants cannot make unauthorized repairs or withhold rent without giving proper notice and documentation. Doing so may give the landlord grounds for eviction.
Missouri law does protect tenants, but withholding rent must be done carefully and legally. Always document issues, keep records of all communication with your landlord, and consider talking to a legal aid organization before making this decision.
If the issue is urgent and your health or safety is at risk, contacting local code enforcement or legal aid may also help resolve the matter quickly.
