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Missouri Statewide Rule

Missouri Implied Warranty of Habitability and Repair-and-Deduct

Some RestrictionsApplies statewide across Missouri (2026)

Key Facts

Warranty source
Case law. Detling v. Edelbrock, 671 S.W.2d 265 (Mo. banc 1984)
Repair-and-deduct cap
Greater of $300 or one-half periodic rent, max one month's rent (RSMo 441.234)
Tenant eligibility
6 consecutive months' lawful occupancy, rent current, no uncured violation
Landlord cure period
14 days after written notice (sooner in emergencies)
Annual aggregate limit
No more than one month's rent per 12 months
Last verified: August 20, 2026

Summary

Missouri recognizes an implied warranty of habitability through case law (Detling v. Edelbrock, 1984), requiring residential premises to be fit and safe to live in. RSMo 441.234 separately lets qualifying tenants repair code-violating defects and deduct the cost, capped at the greater of $300 or one-half the periodic rent.

441.234. Tenant may deduct cost of repair of rental premises from rent, when — limitations. — 1. The provisions of this section shall apply only to a tenant who has lawfully resided on the rental premises for six consecutive months, has paid all rent and charges due the landlord during that time, and did not during that time receive any written notice from the landlord of any violation of any lease provision or house rule, which violation was not subsequently cured. 2. If there exists a condition on residential premises which detrimentally affects the habitability, sanitation or security of the premises, and the condition constitutes a violation of a local municipal housing or building code, and the reasonable cost to correct the condition is less than three hundred dollars, or one-half of the periodic rent, whichever is greater, provided that the cost may not exceed one month's rent, the tenant may notify the landlord of the tenant's intention to correct the condition at the landlord's expense. If the landlord fails to correct the condition within fourteen days after being notified by the tenant in writing or as promptly as required in case of an emergency, the tenant may cause the work to be done in a workmanlike manner and, after submitting to the landlord an itemized statement, including receipts, deduct from the rent the actual and reasonable cost of the work, as documented by the receipts, not exceeding the amount specified in this subsection;

Full Breakdown

Missouri's implied warranty of habitability comes from case law, not statute. In Detling v. Edelbrock, 671 S.W.2d 265 (Mo. banc 1984), the Missouri Supreme Court held a landlord impliedly warrants residential premises are habitable at lease inception and remain so during the term. The statutory repair-and-deduct remedy is RSMo 441.234: a tenant who has lawfully occupied the unit for six consecutive months, is current on rent, and has no uncured violations may, after written notice and a 14-day cure period, fix a defect that violates a local housing or building code and "detrimentally affects habitability, sanitation or security." The deductible cost is "less than three hundred dollars, or one-half of the periodic rent, whichever is greater," never exceeding one month's rent, with a one-month-rent aggregate cap per twelve months.

Violations & Penalties

No fixed statutory fine. A landlord who breaches the warranty of habitability may face damages, rent abatement, or a constructive-eviction defense; the repair-and-deduct statute lets the tenant offset qualifying repair costs against rent within the dollar caps.

Frequently Asked Questions

Does Missouri have a warranty of habitability?
Yes, but it comes from case law (Detling v. Edelbrock, 1984), not a habitability statute. Landlords must keep residential premises fit and safe to live in.
Can a Missouri tenant repair and deduct?
Yes, under RSMo 441.234, if eligible. After notice and a 14-day cure period, a tenant may deduct repair costs up to the greater of $300 or half the periodic rent, capped at one month's rent.
How much can be deducted for repairs in Missouri?
The cost must be the greater of under $300 or one-half the periodic rent, and never more than one month's rent, with a one-month-rent aggregate cap per twelve months.

Sources

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