Landlord repairs in Missouri

Missouri has no statute imposing a general habitability duty. Courts recognize an implied warranty of habitability in residential leases (King v. Moorehead, 1973), which a tenant may raise as a defense and counterclaim to a suit for rent and possession. The Attorney General says landlords should make the property habitable before move-in and make and pay for repairs due to ordinary wear and tear. (King v. Moorehead, 495 S.W.2d 65 (Mo. App. 1973); Missouri Attorney General, Missouri's Landlord-Tenant Law)

For repair-and-deduct, the tenant must notify the landlord in writing of the intent to correct the condition at the landlord's expense (§ 441.234.2). The Attorney General advises making a written repair request and keeping a copy. (RSMo § 441.234.2)

The notice must be in writing. Write a Missouri repair request letter.

For repair-and-deduct, the landlord has 14 days after the tenant's written notice, or as promptly as required in an emergency (§ 441.234.2). If the landlord disputes the need for the repair in writing within that period, the tenant must first get written certification of a code violation from the local government, and the landlord then has 14 days from the later of the certification or the tenant's notice. Outside this remedy, no statute sets a deadline; the Attorney General says to ask for repairs within a reasonable period.

Urgent problems: In an emergency the landlord must correct the condition as promptly as required (§ 441.234.2).

Law: RSMo § 441.234.2

Allowed with limits. Only for a tenant who has lived in the unit 6 consecutive months, paid all rent and charges, and received no uncured written lease-violation notice in that time. The condition must detrimentally affect habitability, sanitation or security and violate a local housing or building code. After written notice and 14 days (or as promptly as needed in an emergency), the tenant may have the work done in a workmanlike manner, give the landlord an itemized statement with receipts, and deduct the actual reasonable cost. If the landlord disputes the repair in writing, the tenant needs written city or government certification of the code violation before repairing. Not allowed for conditions the tenant, family or guests caused. A lease cannot waive this right.

Waiting period after notice:

14 days

Limit:

less than the greater of $300 or half of the periodic rent, never more than one month's rent; no more than one month's rent total in any 12 months

Law:

RSMo § 441.234

Allowed with limits. The Attorney General says that in most circumstances a tenant has no right to withhold rent and may face eviction. Case law lets a tenant raise breach of the implied warranty of habitability as a defense and counterclaim in a suit for rent and possession. In Kohner Properties v. Johnson (Mo. banc, July 3, 2018) the Missouri Supreme Court held that King v. Moorehead's requirement to vacate or pay withheld rent into court (in custodia legis) was dicta, and that trial courts decide case by case whether to require a tenant who stays to pay rent into court.

Law:

Missouri Attorney General, Missouri's Landlord-Tenant Law; King v. Moorehead, 495 S.W.2d 65 (Mo. App. 1973); Kohner Properties, Inc. v. Johnson, SC95944 (Mo. banc 2018)

Not addressed by state law. No Missouri statute lets a tenant end a lease because of unmade repairs. Case law refers to a tenant vacating as one way to raise the implied warranty of habitability, but no statute sets a procedure.

Law:

King v. Moorehead, 495 S.W.2d 65 (Mo. App. 1973)

Counterclaim for damages for breach of the implied warranty of habitability. Code-violation nuisance actions under RSMo §§ 441.500–441.643 can be brought by a county, municipality, local housing corporation or neighborhood association (not by an individual tenant); the court may appoint a receiver and order occupants to pay rent to the receiver, and paying rent under that order is a defense to eviction for nonpayment (§§ 441.570, 441.580).

No Missouri statute prohibiting retaliation against tenants for repair requests or code complaints was found in RSMo chapter 441, and the Attorney General's guide does not describe one. (RSMo ch. 441; Missouri Attorney General, Missouri's Landlord-Tenant Law)

The Missouri Attorney General says that if the home becomes unsafe because of repair problems, the tenant should contact local health or housing authorities.

• The landlord may not willfully interrupt utility service except for health and safety reasons; doing so is forcible entry (Attorney General guide).
• Kohner Properties v. Johnson (Mo. banc, opinion issued July 3, 2018, SC95944): trial courts have discretion, case by case, whether to make a tenant who stays in the home pay rent into court before raising the implied warranty of habitability (Supreme Court of Missouri summary).

• Missouri repair request letter (free, runs in your browser)
• Breaking a lease in Missouri: notice periods and early-termination rights
• Missouri eviction notice rules: what a notice for unpaid rent requires

• RSMo § 441.234 — Tenant may deduct cost of repair Retrieved October 14, 2026.
• RSMo § 441.570 — Court action on nuisance; rents to receiver Retrieved October 14, 2026.
• RSMo § 441.580 — Payment of rent to receiver as defense Retrieved October 14, 2026.
• RSMo § 441.520 — Who may bring receivership action Retrieved October 14, 2026.
• Missouri Attorney General — Missouri's Landlord-Tenant Law (guide) Retrieved October 14, 2026.
• Supreme Court of Missouri — Case Summaries for February 8, 2017 (Kohner Properties Inc. v. Johnson, SC95944) Retrieved October 14, 2026.
• Supreme Court of Missouri, Summary of SC95944, Kohner Properties Inc. v. Johnson (July 3, 2018) Retrieved October 14, 2026.

Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.