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Residential Lease Agreement
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RESIDENTIAL LEASE AGREEMENT

(State of Missouri)

[// GUIDANCE: This template is drafted for use with residential, non-commercial dwellings located in Missouri. Practitioners should customize all bracketed placeholders, review state-specific statutory references, and ensure compliance with any local (county/municipal) ordinances that may impose additional requirements.]


TABLE OF CONTENTS

  1. Document Header
  2. Definitions
  3. Operative Provisions
    3.1 Lease of Premises
    3.2 Term
    3.3 Rent; Late Charges
    3.4 Security Deposit
    3.5 Utilities and Services
    3.6 Use of Premises
    3.7 Maintenance; Habitability
    3.8 Entry and Inspection
    3.9 Assignments and Subleases
    3.10 Surrender of Premises
  4. Representations & Warranties
  5. Covenants & Restrictions
  6. Default & Remedies
  7. Risk Allocation
  8. Dispute Resolution
  9. General Provisions
  10. Execution Block

1. DOCUMENT HEADER

This Residential Lease Agreement (this “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

  • [LANDLORD NAME], a [ENTITY TYPE] (“Landlord”), having a principal address at [LANDLORD ADDRESS], and
  • [TENANT NAME], an individual (“Tenant”), having a residence address at [TENANT ADDRESS].

Recitals
A. Landlord is the fee simple owner of the residential premises located at [PROPERTY ADDRESS], together with any appurtenant parking spaces, storage areas, and common facilities (collectively, the “Premises”).
B. Landlord desires to lease the Premises to Tenant, and Tenant desires to lease the Premises from Landlord, on the terms and conditions set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:


2. DEFINITIONS

Unless the context otherwise requires, capitalized terms used herein shall have the meanings set forth below:

“Applicable Law” – All federal, state, and local statutes, ordinances, regulations, and codes governing residential tenancies in the State of Missouri, as amended from time to time.
“Business Day” – Any day other than Saturday, Sunday, or legal holidays observed in Missouri.
“Commencement Date” – The first day of the Term, as set forth in Section 3.2.
“Default Rate” – The lesser of (a) [__]% per annum or (b) the maximum rate permitted under Applicable Law.
“Event of Default” – Any event described in Section 6.1.
“Hazardous Materials” – Any substance regulated by Applicable Law relating to environmental protection, health, or safety.
“Rent” – Collectively, Base Rent and any additional rent due under this Agreement.
“Security Deposit” – The amount described in Section 3.4.
“Term” – The lease term specified in Section 3.2.

[// GUIDANCE: Add or delete definitions to match the customized business terms.]


3. OPERATIVE PROVISIONS

3.1 Lease of Premises

Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord, for residential use only, subject to the terms of this Agreement.

3.2 Term

(a) Fixed Term – The Term shall commence on [COMMENCEMENT DATE] (the “Commencement Date”) and shall expire at 11:59 p.m. on [EXPIRATION DATE] (the “Expiration Date”), unless sooner terminated in accordance with this Agreement or Applicable Law.
(b) Holdover – Tenant’s possession after the Expiration Date without Landlord’s written consent shall constitute a tenancy at sufferance, with Rent payable at [__]% of the then-existing monthly Rent, together with all other obligations herein.

3.3 Rent; Late Charges

(a) Base Rent – Tenant shall pay to Landlord monthly base rent in the amount of $[AMOUNT] (“Base Rent”), in advance, without offset or deduction, on or before the [DUE DAY] day of each calendar month.
(b) Payment Method – Rent shall be paid by [CHECK / EFT / OTHER] to [PAYEE NAME AND ADDRESS / BANK DETAILS] or such other place as Landlord designates in writing.
(c) Late Charge – If Rent is not received within [__] calendar days after the due date, Tenant shall pay a late charge of $[AMOUNT] plus interest at the Default Rate from the due date until paid.
(d) Returned Payment – Tenant shall pay $[AMOUNT] for each returned check or rejected electronic payment.

3.4 Security Deposit

(a) Amount; Payment – Upon execution hereof, Tenant shall deposit with Landlord the sum of $[AMOUNT] (not to exceed two months’ Rent) as the Security Deposit.
(b) Permitted Deductions – After Tenant vacates, Landlord may deduct amounts reasonably necessary to (i) remedy Tenant defaults in payment of Rent, (ii) repair damages to the Premises beyond ordinary wear and tear, and (iii) clean the Premises if not surrendered in broom-clean condition.
(c) Return – Landlord shall, within thirty (30) days after Tenant delivers possession, return the unused portion of the Security Deposit together with an itemized statement of any deductions.
(d) Interest – No interest will accrue on the Security Deposit unless required by Applicable Law.
(e) Liability Cap – Except for Tenant’s indemnification obligations and acts of gross negligence or willful misconduct, Tenant’s aggregate liability under this Agreement shall not exceed the Security Deposit.

[// GUIDANCE: Missouri permits a security deposit not greater than two months’ rent and imposes a 30-day return period with an itemized statement.]

3.5 Utilities and Services

Tenant shall be responsible for and timely pay all charges for electricity, gas, water, sewer, trash, internet, and other utilities supplied to the Premises, except [LIST LANDLORD-PAID UTILITIES].

3.6 Use of Premises

(a) Residential Use Only – The Premises shall be used solely as a private residence for Tenant and [MAX OCCUPANTS] lawful occupants.
(b) Prohibited Conduct – Tenant shall not: (i) engage in unlawful activity; (ii) create a nuisance or excessive noise; (iii) keep pets except [PET POLICY OR “NONE”]; or (iv) store Hazardous Materials.
(c) Compliance – Tenant shall comply with all house rules, HOA rules (if any), and Applicable Law.

3.7 Maintenance; Habitability

(a) Landlord Obligations – Landlord shall deliver and maintain the Premises in safe, sanitary, and habitable condition in compliance with Applicable Law, including adequate weatherproofing, heating, plumbing, and electrical systems.
(b) Tenant Obligations – Tenant shall keep the Premises clean, promptly report maintenance issues, and be responsible for damage caused by Tenant, occupants, or invitees.
(c) Alterations – No alterations or improvements shall be made without Landlord’s prior written consent.
(d) Mold & Ventilation – Tenant shall operate HVAC, exhaust fans, and keep the Premises adequately ventilated to mitigate moisture and mold growth.

3.8 Entry and Inspection

Landlord may enter the Premises upon at least twenty-four (24) hours’ notice (or less in emergencies) to inspect, make repairs, or show the Premises to prospective purchasers, lenders, or tenants.

3.9 Assignments and Subleases

No assignment of this Agreement or sublease of all or any portion of the Premises is permitted without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion.

3.10 Surrender of Premises

Upon termination, Tenant shall surrender the Premises in substantially the same condition as received, ordinary wear and tear excepted, remove all personal property, and return all keys and access devices.


4. REPRESENTATIONS & WARRANTIES

4.1 Landlord Representations
(a) Landlord has good and marketable title to the Premises and full power and authority to execute and perform this Agreement.
(b) As of the Effective Date, Landlord has not received written notice of any outstanding code violations materially affecting habitability.

4.2 Tenant Representations
(a) Tenant is legally competent to execute and perform this Agreement.
(b) All information provided by Tenant in any rental application is true, complete, and accurate in all material respects.

4.3 Survival – The representations and warranties herein shall survive the execution and delivery of this Agreement and, where expressly stated, the termination hereof.


5. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants of Tenant
(a) Timely payment of Rent and other sums.
(b) Maintain renters’ insurance in coverage amounts not less than $[AMOUNT] for liability and $[AMOUNT] for personal property.
(c) Promptly notify Landlord in writing of any condition requiring repair.

5.2 Negative Covenants of Tenant
Tenant shall not (i) use the Premises for short-term rentals (e.g., Airbnb) without consent, (ii) change locks without providing keys to Landlord, or (iii) interfere with utilities or life-safety systems.

5.3 Landlord Covenants
Landlord shall comply with all Applicable Law, keep common areas in good repair, and perform required maintenance promptly upon notice.


6. DEFAULT & REMEDIES

6.1 Events of Default
(a) Non-payment of Rent or other monetary obligation within [__] days after written demand.
(b) Material breach of any covenant not cured within [__] days after notice.
(c) Abandonment of the Premises.
(d) False or misleading statements in Tenant’s application.

6.2 Notice and Cure
Notices of default shall specify the nature of default and required cure period. If Tenant fails to cure within the stated period, the default becomes an Event of Default without further notice.

6.3 Landlord Remedies
Upon an Event of Default, Landlord may:
(i) Terminate this Agreement in accordance with Missouri eviction procedures;
(ii) Recover possession through proceedings in the county housing court;
(iii) Accelerate all unpaid Rent for the balance of the Term, discounted to present value at 4% per annum;
(iv) Apply the Security Deposit toward unpaid amounts; and
(v) Seek all other remedies available at law or in equity, including statutory double damages for holdover where applicable.

6.4 Mitigation
Landlord shall use commercially reasonable efforts to mitigate damages as required by Applicable Law.

6.5 Attorney Fees
The prevailing party in any action or proceeding arising from this Agreement shall be entitled to recover reasonable attorney fees and costs.


7. RISK ALLOCATION

7.1 Indemnification
Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against all claims, damages, liabilities, losses, and expenses arising out of (a) Tenant’s use or occupancy of the Premises, (b) breach of this Agreement by Tenant, or (c) the negligence or willful misconduct of Tenant or its invitees. This indemnity survives termination.

7.2 Limitation of Liability
Except for (i) Landlord’s gross negligence or willful misconduct, and (ii) Landlord’s failure to comply with the implied warranty of habitability, Landlord’s aggregate liability shall not exceed the amount of the Security Deposit.

7.3 Insurance
Tenant shall maintain, at its sole cost, renters’ insurance covering liability for bodily injury and property damage, naming Landlord as an additional insured.

7.4 Force Majeure
Neither party shall be liable for failure to perform due to events beyond its reasonable control (excluding payment obligations), including acts of God, governmental orders, or natural disasters, provided the affected party gives prompt notice.


8. DISPUTE RESOLUTION

8.1 Governing Law
This Agreement shall be governed by, and construed in accordance with, the landlord-tenant laws of the State of Missouri (without regard to conflict-of-laws principles).

8.2 Forum Selection
The parties submit to the exclusive jurisdiction of the state housing court or other court of competent jurisdiction located in [COUNTY], Missouri.

8.3 Arbitration
Arbitration is expressly excluded. All disputes shall be resolved in the courts identified above.

8.4 Jury Trial
Nothing herein shall be construed as a waiver of any constitutional right to trial by jury.

8.5 Injunctive Relief
Landlord retains the right to seek immediate injunctive or other equitable relief (including eviction and possession orders) to prevent or remedy Tenant’s unlawful holdover or other irreparable harm.


9. GENERAL PROVISIONS

9.1 Amendments and Waivers
No amendment or waiver of any provision shall be effective unless in a writing signed by both parties. A waiver on one occasion shall not constitute a waiver on any subsequent occasion.

9.2 Severability
If any provision is found invalid or unenforceable, it shall be narrowed, reformed, or severed to the extent necessary to make it lawful, and the remaining provisions shall remain in full force.

9.3 Assignment by Landlord
Landlord may assign its interest without Tenant’s consent, provided the assignee assumes Landlord’s obligations herein.

9.4 Notices
All notices shall be in writing and deemed given when delivered personally, sent by certified mail (return receipt requested), or by nationally recognized overnight courier to the addresses set forth in the header, or such other address properly noticed.

9.5 Entire Agreement
This Agreement (including any addenda and exhibits) constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements.

9.6 Counterparts; Electronic Signatures
This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically or by PDF shall be deemed original and binding.

9.7 Successors and Assigns
Subject to the restrictions herein, this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.


10. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

LANDLORD:


[LANDLORD NAME]
Title: [IF ENTITY, TITLE]
Date: ___

TENANT:


[TENANT NAME]
Date: ___

[// GUIDANCE: Missouri does not require notarization for a residential lease of less than one year; leases for longer terms customarily are notarized or acknowledged for recordability. Insert acknowledgment blocks below if desired.]

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