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Overview
Missouri does not have specific statewide mold legislation. There are no Missouri or federal laws that set limits or standards for what types or levels of mold exposure are healthy or unhealthy. However, tenants are protected under the implied warranty of habitability, which was established through case law in King v. Moorehead (1973) and affirmed by the Missouri Supreme Court in Detling v. Edelbrock (1984). Under this doctrine, landlords must provide rental properties that are fit for human habitation, and hazardous mold conditions that materially affect tenant health and safety may constitute a breach of this warranty. The City of St. Louis enacted Ordinance 71946 in December 2024, becoming one of the first Missouri municipalities to specifically regulate mold in rental properties. [Missouri Department of Health and Senior Services - Mold]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Housing
All Missouri tenants have the right to a rental unit that is safe, sanitary, and fit for human habitation. The implied warranty of habitability is automatically included in every residential lease. Conditions that materially affect tenant health and safety, including hazardous mold, may constitute a breach of this warranty. When a breach occurs, tenants may be relieved of their obligation to pay rent until habitability is restored.
Right to Request Repairs
Tenants have the right to notify landlords of mold problems and request repairs. Written notice is strongly recommended as it creates documentation. Under Missouri Revised Statutes Section 441.234, tenants who have resided in the property for at least six consecutive months may exercise the repair and deduct remedy if the landlord fails to address conditions that violate local housing or building codes within 14 days of written notice.
Landlord Responsibilities
Maintain Habitable Conditions
Missouri landlords must maintain rental properties in a condition fit for human habitation. This includes addressing conditions that materially affect tenant health and safety, such as hazardous mold, water leaks, inadequate ventilation, and structural problems that lead to moisture intrusion. The landlord automatically warrants that the property is habitable at the beginning of the lease and will remain so throughout the tenancy.
Disclose Contact Information
Under Missouri Revised Statutes Section 535.185, landlords must provide tenants with written disclosure of the name and address of the person authorized to manage the premises and an owner or agent authorized to receive notices and service of process. This information must be kept current and provided at or before the commencement of the tenancy.
Remedies Available to Tenants
Rent Withholding
Available: Rent withholding is allowed in Missouri under very limited circumstances when the landlord materially breaches the implied warranty of habitability. The condition must affect health and safety, the tenant must provide written notice to the landlord and allow a reasonable time for repair, and the tenant should deposit withheld rent in a separate escrow account. Missouri does not require escrow as a prerequisite to asserting a habitability defense, but it is strongly recommended. This remedy is risky and should only be pursued with legal guidance, as improper withholding may result in eviction.
Repair and Deduct
Available: Under Missouri Revised Statutes Section 441.234, tenants may repair and deduct under specific conditions: (1) the tenant has lawfully resided on the premises for at least six consecutive months, (2) the tenant has paid all rent and charges due during that time, (3) the tenant has not received written notice of any uncured lease violations, (4) the condition violates a local municipal housing or building code, and (5) the repair cost is less than $300 or one-half of the monthly rent, whichever is greater, but not more than one month's rent. The landlord has 14 days to make repairs after written notice. A tenant may not deduct more than one month's rent in any 12-month period.
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Missouri
Understanding Missouri's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Missouri's Humid Continental Climate
Missouri has a humid continental climate with hot, humid summers and cold winters. The state receives 35-50 inches of precipitation annually, with southern Missouri receiving more. Summer humidity frequently exceeds 70%, particularly in the Mississippi and Missouri River valleys. St. Louis and Kansas City experience typical Midwest humidity levels.
River Valley and Urban Challenges
Missouri faces mold challenges from river valley flooding and humidity. St. Louis, Kansas City, and other cities have extensive older housing stock prone to moisture issues. The Mississippi and Missouri River confluences create significant flooding risks. Basement moisture problems are common in older Missouri homes.
St. Louis Mold Ordinance (2024)
The City of St. Louis enacted Ordinance 71946 in December 2024, becoming one of the first Missouri municipalities to specifically regulate mold in rental properties. This local legislation provides St. Louis tenants with stronger protections than available elsewhere in the state.
River Flooding
Missouri's location at the confluence of the Mississippi and Missouri Rivers creates significant flooding risks. Historic floods have caused extensive water damage and mold problems in affected communities. River communities face recurring moisture challenges from flooding and high water tables.
Common Mold Types in Missouri
Missouri's location at the confluence of the Mississippi and Missouri Rivers creates significant flooding risks. St. Louis and Kansas City have extensive older housing with basements. The humid subtropical climate in southern Missouri promotes year-round mold growth. Historic floods have caused extensive water damage and lasting mold problems.
Stachybotrys chartarum
Black mold commonly found in flood-damaged homes along Missouri's rivers, particularly in river valley communities.
Aspergillus
Common throughout Missouri, found in HVAC systems and water-damaged materials. Thrives in humid summer conditions.
Cladosporium
Prevalent in Missouri basements and bathrooms, particularly in older St. Louis and Kansas City housing.
Penicillium
Frequently found in water-damaged materials in Missouri's older housing stock, especially after flooding events.
Chaetomium
Found in flood-damaged homes along the Mississippi and Missouri River corridors; indicator of serious water damage.
Mold Professional Requirements in Missouri
Implied Warranty of Habitability
Missouri recognizes an implied warranty of habitability in all residential leases through case law, not statute. This warranty was first established in King v. Moorehead, 495 S.W.2d 65 (Mo. Ct. App. 1973) and later adopted by the Missouri Supreme Court in Detling v. Edelbrock, 671 S.W.2d 265 (Mo. banc 1984). Under this doctrine, landlords must provide rental units with facilities and services vital to the life, health, and safety of tenants. The warranty does not require a perfect rental unit but does require the unit to be habitable and fit to be lived in. Hazardous mold, faulty wiring, exposed electrical components, rotting floors, and infestations are examples of conditions that may breach this warranty. [Detling v. Edelbrock, 671 S.W.2d 265 (Mo. 1984) - Justia]
Mold Disclosure Requirements
Notable Mold Court Cases in Missouri
These cases have shaped mold litigation and tenant rights in Missouri. Understanding legal precedents can help inform your own situation.
King v. Moorehead (1973)
Summary: First Missouri case to establish the implied warranty of habitability for residential leases, departing from the common law doctrine of caveat emptor.
Outcome: The court held that landlords have an implied duty to maintain leased premises in a habitable condition.
Significance: This case established the foundation for tenant habitability rights in Missouri, later affirmed by the Missouri Supreme Court.
Detling v. Edelbrock (1984)
Summary: Missouri Supreme Court case that fully adopted the implied warranty of habitability and defined tenant remedies for habitability violations.
Outcome: The court held that tenants may use breach of habitability as both a defense to eviction and as the basis for an affirmative suit for damages.
Significance: This landmark decision established that Missouri tenants can recover damages for uninhabitable conditions including mold.
Local Regulations
Some cities in Missouri have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Missouri mold law details.
Kansas City, MO
Local mold risks, prevention priorities, and next steps for Kansas City.
St. Louis, MO
Local mold risks, prevention priorities, and next steps for St. Louis.
Springfield, MO
Local mold risks, prevention priorities, and next steps for Springfield.
Columbia, MO
Local mold risks, prevention priorities, and next steps for Columbia.
Independence, MO
Local mold risks, prevention priorities, and next steps for Independence.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Missouri.
Missouri Housing Development Commission Programs
MHDC offers housing rehabilitation programs that may cover mold remediation as part of home repairs for qualifying homeowners.
Eligibility: Income-qualified Missouri homeowners
Coverage: Varies by program - may include mold remediation as part of housing rehabilitation
Phone: 816-759-6600Learn More →
St. Louis Healthy Homes Program
City of St. Louis program addressing housing health hazards. The 2024 mold ordinance may expand assistance options.
Eligibility: St. Louis city residents in qualifying housing
USDA Section 504 Home Repair Program
Federal program providing loans and grants to very low-income rural Missouri homeowners for home repairs including mold remediation.
Eligibility: Very low-income homeowners in eligible rural Missouri areas
Coverage: Loans up to $40,000; grants up to $10,000 for elderly homeowners
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Missouri have specific mold laws?
No. Missouri does not have statewide mold legislation. There are no Missouri or federal laws that set limits or standards for what types or levels of mold are healthy or unhealthy. However, tenants are protected under the implied warranty of habitability, and some cities like St. Louis have enacted local mold ordinances.
What is the implied warranty of habitability in Missouri?
The implied warranty of habitability is a legal doctrine established through Missouri case law (King v. Moorehead, 1973; Detling v. Edelbrock, 1984) that requires landlords to provide rental units that are fit for human habitation. This warranty is automatically included in every residential lease and requires landlords to maintain conditions vital to tenant health and safety.
Can mold be a habitability issue in Missouri?
Yes. Hazardous mold that materially affects tenant health and safety may constitute a breach of the implied warranty of habitability. Missouri courts have recognized mold as an example of conditions that could materially affect the life, health, and safety of tenants.
Official Resources
These official resources can help you understand your rights and take action: