A Missouri sublease agreement provides a property’s original tenant the right to rent out all or a portion of a property to a new tenant (or “subtenant”). In a sublease agreement, the original tenant becomes the sublessor, and the new tenant becomes the subtenant.
To sublease property in Missouri, the original tenant needs prior written approval from their landlord.
How to Write a Missouri Sublease Agreement
- Download a Missouri sublease agreement form — Filling one out is much easier than writing your own.
- List how long the sublease agreement will last — The start and end date.
- Add the name and mailing address of the sublessor — This goes under “The Parties.”
- Write the name and mailing address of the subtenant(s) — If there’s more than one subtenant, for instance, a married couple, list both separately.
- List any minors who will be living on the property — List the names of any children that will be staying at the subleased property.
- Write the dates of the term of the original lease — In this section, the parties agree to the terms of the original lease, including the lease dates.
- Describe the property — List the property’s address, and include any furnishings provided with the new lease.
- Add restrictions (if applicable) — If the property doesn’t have any limits, state this. Common conditions include not allowing pets or smoking on the property.
- Record the rent amount — This should be recorded in written words and numbers, along with the date rent is due and the person to who it’s payable. Any specific instructions for paying rent go in this section.
- Record deposits and prorated payments — If the subtenant is paying rent in advance, last month’s rent, or pet or security deposit, record the amount. Then, indicate how these deposits will be held and when they will be paid back at the end of the lease term.
- Indicate who is responsible for paying for utilities — List any utility costs and additional fees owed each month, and determine the amount to be paid by the sublessor(s) and subtenant(s).
- Sign the lease — The sublessor, subtenant, and original landlord must sign the lease. The signatures of the landlord and tenant must be witnessed by a notary and notarized.
Missouri Sublease Laws
You should check your original lease agreement to see if you can sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in Missouri. Once you’ve filled out a Missouri sublease agreement, you will be responsible for your subtenant and liable for any violations of the original lease.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all Missouri laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Missouri Landlord-Tenant Laws: Chapter 441 of the Missouri Revised Statutes
In Missouri, a sublessor must:
- File a written statement for eviction with the court explaining that the subtenant hasn’t paid rent
- Return the security deposit within thirty days (30) of the end of the sublease
- Provide thirty days (30) written notice of your intent not to renew the sublease and/or original lease
Missouri Sublease FAQs
Can someone use a sublease agreement in Missouri?
Yes, in Missouri, a sublease is entirely legal as long as the landlord provides written permission to the original tenant.
What happens if you sublet your property in Missouri without your landlord’s approval?
Missouri law allows the landlord to double your rent if they discover you’re subletting the property without written approval.
How do I get out of a sublease in Missouri?
In Missouri, tenants can get out of a lease if the landlord violates privacy or harassment laws, the rental unit is unsafe to live in, or they have been called to active military duty. In the case of a subtenant, these scenarios would also release them from obligations to the sublease.