Breaking a Lease Early in Missouri: What Are My Options?

If you leave without a legal reason

1. 1

   If you leave early without the notice the law or your lease requires, your landlord can take money from your deposit for real losses. Your landlord must make reasonable efforts to limit those losses.

   Source:

   1. § 535.300.4, Missouri Revisor of Statutes. Law.
   Tip.

   Read your lease before you decide. Check whether it lets you end it early and what penalty you must pay.

When you can leave early

2. 2

   You do not owe rent for the rest of your lease if a fire, tornado, or other natural or man-made disaster destroys your home. It applies only if you did not cause the disaster. If your landlord sues and wins, you can still owe the money. Get legal help first.

   Sources:

   1. Our editorial rules.
   2. § 441.645, Missouri Revisor of Statutes. Law.

How to leave

3. 3

   You can end a month-to-month rental (one that renews each month) with a written notice to your landlord. The notice must say the rental ends on a rent-paying date at least one month after your landlord gets it.

   Source:

   1. § 441.060.4, Missouri Revisor of Statutes. Law.
   Tip.

   Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

After you move out

4. 4

   The law gives your landlord 30 days after your rental ends to return your full deposit. Your landlord can instead send a written list of what was taken out, with the rest of your deposit. Mailing it to your last known address counts. Your landlord may keep only what is reasonably needed. That means unpaid rent, damage beyond normal wear and tear (normal use over time), or real losses from too little notice.

   Source:

   1. § 535.300.3, Missouri Revisor of Statutes. Law.
   Tip.

   Before you leave, clean the home and take photos of how you left it.

5. 5

   If your landlord keeps part of your deposit without a legal right to it, you recover twice that amount. Example: if your landlord keeps $400 without a legal right to it, you recover $800. You get this money only if you win your case and your landlord pays.

   Sources:

   1. Our editorial rules.
   2. § 535.300.6, Missouri Revisor of Statutes. Law.
   Tip.

   This is only an example to show how the rule works. If it goes to court, a court decides the real amount.

6. 6

   If your landlord says you owe more, a debt collector may call or write to you. The collector must tell you how much, who it is for and how to say it is wrong. You have 30 days after you get that notice to write back. Then the collector must stop trying to get that money until it answers you.

   Sources:

   1. Our editorial rules.
   2. What information does a debt collector have to give me, Consumer Financial Protection Bureau. A government guide.
   3. What should I do when a debt collector contacts me, Consumer Financial Protection Bureau. A government guide.
7. 7

   Your landlord can take money from your pay or benefits only after winning in court. The court must issue a judgment (the court's final decision) that you owe the debt. If you are sued, do not ignore it. You can lose the case if you do not go to court.

   Sources:

   1. Our editorial rules.
   2. Can a debt collector take or garnish my wages, Consumer Financial Protection Bureau. A government guide.
   Tip.

   If you get court papers, do not ignore them. Go to court, or you can lose the case.

   From Consumer Financial Protection Bureau.

Special protections

8. 8

   You can get the protections for people who have been through domestic violence, sexual assault, or stalking (following or watching someone again and again). To get them, tell your landlord that it happened to you. If your landlord asks for proof, you must give it.

   Source:

   1. § 441.920.4, Missouri Revisor of Statutes. Law.
9. 9

   Proof for the victim rule can be a paper signed by an employee of a victim service provider (a group that helps victims). A health care professional (such as a doctor) or a mental health professional (such as a counselor) can sign instead. You must sign it as well. Proof can also be a record from a law enforcement agency (one that enforces the law), a court, or an administrative agency (a government office).

   Source:

   1. § 441.920.4, Missouri Revisor of Statutes. Law.
10. 10

    If your landlord sues you for rent, you may not owe rent for the time after you move out. A court can decide this if it finds you were a victim of domestic violence, sexual assault, or stalking. It can also decide this if you were in immediate danger of becoming one. The court must find this is more likely true than not. You must have told your landlord and given any papers asked for.

    Source:

    1. § 441.920.3, Missouri Revisor of Statutes. Law.
11. 11

    Your landlord can charge a fair fee if you leave early under the victim rule. Ask your landlord in writing what the fee is before you go.

    Sources:

    1. Our editorial rules.
    2. § 441.920.6, Missouri Revisor of Statutes. Law.
12. 12

    You can end your lease if you are on active duty in the military. Full-time Missouri Guard members and technicians can too. You need orders to another duty station, a discharge, or orders to live in government quarters. Temporary orders count if they last over 90 days from when they start and send you 25 miles away or more. If a court later disagrees, you can still owe the rent. Get legal help first.

    Sources:

    1. Our editorial rules.
    2. § 41.944.1, Missouri Revisor of Statutes. Law.
13. 13

    To end your lease for military service, give your landlord written notice of an end date at least 15 days after you serve it. Before that date, give a copy of your official orders or a signed letter from your commanding officer. Your final lease payment is due by the end date, when it would normally be due. You get your full deposits back if you otherwise followed the lease and the deposit law.

    Source:

    1. § 41.944.2, Missouri Revisor of Statutes. Law.