A Summary of Missouri Housing Laws
In Missouri, housing laws are designed to ensure that all residential properties meet certain standards of safety, habitability, and health. These laws apply to both landlords and tenants alike and cover a wide range of issues, from the condition of the property to how securities deposits are handled. While these laws may seem to be a nuisance from the perspective of landlords, they are essential to maintaining a good relationship with your tenants in a jurisdiction where any landlord-tenant dispute can seem a little more problematic.
While not strictly relating to bedroom requirements, housing laws in Missouri set forth important obligations that all landlords must meet in order for their rental property to be deemed habitable. This sets a foundation for all housing disputes. Missouri (like most states) requires homes for rent to meet minimum maintenance and safety standards. For example, landlords must provide working heating and plumbing, maintain appliances, and assure that any common areas are inhabitable, along with a host of other requirements. If they fail to meet these standards, they can be subject to penalties, such as:
These penalties emphasize the importance of complying with Missouri housing laws. The county or city health department is responsible for investigating inadequately maintained properties and pursuing legal action when necessary. This is also true for violations related to safety and habitability.
Some housing laws in Missouri are more relevant than others if you have just one room to rent out in your home. For instance, all renters are entitled to a foreclosure notice per the Missouri law, if applicable. Additional laws may include the security deposit return laws, the punishment for failing to repair dangerous conditions, etc. A full list of laws can be found here.
In contrast to the general housing laws , bedroom requirements are not well defined. Since the housing codes are not location-specific, landlords need to verify requirements according to their local jurisdiction. According to St. Louis County, Missouri, each bedroom must have a minimum of 70 square feet. City ordinances differ slightly, so it makes sense to check the Department of Planning and Urban Design website to search for information.
Housing laws in Missouri generally do little to regulate rental bedrooms. However, generally speaking, a bedroom must be a space at least 70 square feet with a window of at least 9 square feet for natural light and ventilation. In addition, there must be an accessible bathroom that has a functional water source. In short, the only way your bedroom will require you to comply with Missouri housing laws are if the bed makes it impossible to access the bathroom.
The above considerations should already make it clear that bedrooms tend to be exempt from most housing laws in Missouri. That said, more relevant than minimum requirements for bedroom size are the general Missouri housing laws. Generally, quality of life for tenants relies on a home’s maintenance. Stretching to accommodate tenants with large bedrooms can lead to more wear and tear that you’re required to remedy.
In that respect, while they pose some challenges, Missouri housing laws are in place to benefit and clarify how landlords and tenants should interact. They create a stable minimum standard of habitability, and, to assist landlords in making a rental home functional and safe, they impose obligations on landlords when it comes to maintenance. While they may be a nuisance when receiving a complaint or trying to avoid a lawsuit, the laws are, ultimately, a good thing for both you and your tenants.
Requirements for a Legal Bedroom in Missouri
In Missouri, for a room to be legally classified as a "bedroom," it must be a minimum of 70 square feet in size. Additionally, the ceiling must be a minimum of 7 feet tall, and there must be a window (minimum of 5.7 square feet) that can be opened from the inside. The window must provide access directly outside, with no more than 44 inches to crawl. Since the most common way to meet this requirement is to have the window open onto a yard, basement windows are rarely classified as egress windows, because there is usually too much distance between the window and the surface below for a young child to safely fall. Exceptions to this rule include window wells with well ladders, stairwells and buildings with special or unique first floor window access.
Adding or converting an existing window can be expensive, so if you’re not ready for that kind of commitment but want to be completely legal — and don’t plan on using the room as a bedroom – consider marking it as a den or a study.
Requirements for Windows and Ventilation
Missouri imposes a variety of requirements for windows, natural light and ventilation in a legal bedroom. Section 32 of the Missouri 2015 International Building Code establishes the following basic requirements:
Natural Light
The living room area of the primary room of a dwelling unit must possess a minimum of 1.1 square feet of natural light per every 120 square feet in the room. Every other habitable room in a dwelling must possess a minimum of 1.0 square feet of natural light per every 150 square feet in the room.
Also, every habitable room in a dwelling unit that is interior to the unit must have an approved artificial light source.
Natural Ventilation
Every habitable room must possess a minimum of 4 percent of the floor area in openable area for natural ventilation.
Other Ventilation Requirements
Many windows must be operable for adequate ventilation. First, Section R303.1 of the Missouri 2015 International Residential Code states that every kitchen must have one operable window or a mechanical exhaust at a rate of 100 cubic feet per minute (CFM). Then, Section R303.1.1 of the 2015 International Residential Code both requires one operable window in a bathroom where there is a tub or shower, and requires a mechanical exhaust in bathrooms that don’t have an operable window.
Finally, every bedroom in a dwelling unit must possess a ventilation duct measuring at least 1-foot by 1-foot or a window measuring at least 1-foot by 2-feet.
Smoke Detectors and Lights Must be Installed
Missouri mandates that a smoke detector should be installed in every room intended for sleeping, even if it’s a spare bedroom. State law further requires that spring-loaded shutters or shades must not exceed 10% of the room with an opening as a means of escaping a fire or other emergency, and a structure must have a door leading to the outside that can be opened from the inside without a key, and which can be locked from the interior as well as the outside.
In addition, the Missouri Residential Property Disclosure Form gives you mandated language in the form in which sellers must answer questions regarding smoke detectors, with a separate section to provide information about the known smoke detectors on the property.
Occupancy Limits and Use Restrictions
Missouri law also provides that all habitable spaces must have adequate light and ventilation. We will be posting again on this, but for now, here is the basic law for bedrooms in Missouri — occupancy limits and use restrictions.
The International Property Maintenance Code (IPMC), adopted by the City of St. Louis and St. Louis County and many other municipalities and counties in Missouri, Section 403.3 regarding occupancy limits, states that bedrooms should not be occupied by more than two persons per double bedrooms. A double bedroom is defined in the IPMC as "a room used or intended to be used as sleeping accommodations for two persons".
In addition, it is illegal in Missouri to use any room in violation of the occupancy requirements. This means that you can’t use a room for living purposes if it hasn’t been inspected and associated occupancy limitation imposed . It is important to remember that either the landlord or the tenant can violate the occupancy limitation in Missouri. See City of St. Louis v. Joseph, 744 S.W.2d 127 (Mo.App.1988).
The use of a dwelling is restricted by the local jurisdiction and any use limitation will depend on that jurisdiction. In St. Louis City and County, for example, parking requirements, yard sizes, and setbacks are all regulated.
Many older houses were built before the construction of the IPMC and other municipal codes with occupancy requirements. The IPMC permits these buildings to remain unless their conditioning and maintenance becomes a threat to public health, safety, and general welfare because of dilapidation, deterioration, faulty construction, or damage of any kind. These pre-code structures are known as building code derogations. Because pre-code structures are not subject to the occupancy limitations found in the IPMC, they are exempt from the Code’s occupancy provisions.
Penalties for Violations
Failure to meet Missouri’s legal bedroom requirements could lead to various legal consequences, ranging from fines to enjoinment from engaging in rental housing altogether. Local laws, of course, will dictate which, if any, enforcement actions are taken and the maximum fines that can be imposed.
For example, according to the St. Louis County Housing Rehabilitation Code, the maximum expeditious adjustment time for violations (including legal bedroom requirements) is 30 days after notice of violation for "managed properties," and 30 days after the due date for non-managed properties.
The City of St. Louis’ ordinance regarding minimum standards for rental units gives the Board of Building Appeals significant flexibility in determining violations and what actions should be taken against the property owner. The Board can appeal, vacate, or modify a notice of a code violation. If the owner of the rental property fails to comply with the order to vacate or make repairs, and the owner had the ability to comply, then the Board may assess a fine of up to $20 per day for each day the owner failed to comply.
And the Missouri Human Rights Act allows the Missouri Attorney General or a private plaintiff to file a lawsuit to enforce legal bedroom requirements in the state of Missouri. Remedies could include, but are not limited to: injunctive relief, punitive damages of up to $50,000, and attorney’s fees in addition to the remedies that are available under local ordinances for code violations.
Ensuring You’re Compliant: Effective Tips
As a homeowner or landlord, ensuring compliance with Missouri’s bedroom requirements is crucial to safeguarding both the legal rights of yourself and your tenants. Inspections, planning for necessary renovations, and understanding the state laws are all key components to achieving compliance.
The first step is understanding the Missouri definition of a bedroom, which includes minimum square footage and ceiling height, and making sure the room in question meets these requirements. For instance, the minimum occupancy area of a bedroom in a residential property must be at least 70 square feet with windows and adequate ventilation. For basement dwellings, the ceiling height must be at least seven feet, while other floors of the home must have a minimum ceiling height of eight feet in order to call the room a legal bedroom.
Next, homeowners and landlords should have their homes inspected to identify any non-compliant bedrooms. These inspections encompass more than just the interior of the home; many communities require that a home inspection be done both inside and outside, including all of the land surrounding the property as well. By having the home inspected by a professional, they will help identify areas of non-compliance and areas of unsafe conditions for occupants , as well as servient tenements on the property (easements and servitudes) that may affect the use of the property in the future.
If any areas of non-compliance are identified, it is the responsibility of the homeowner or landlord to make any necessary renovations before the bedroom is listed for rent or lease. How long the renovations will take will depend on the extent of work needed; however, it is important that these renovations are made before the property is shown, in order to avoid the complicating factor of different laws being applicable on different dates. Furthermore, without the necessary renovations completed in advance, serious issues can arise later on that will threaten the safety of your tenants and occupants.
Lastly, it is not only important that the bedroom and home comply with state laws, but make sure that you have no illegal factors on your property either. This means checking to ensure your home is zoned for residential use and is in legal conformance with its location. Many new homeowners try to push the laws related to zoning or the construction of the home; however, these issues can cause serious legal problems down-the-road for homeowners who are not careful.
Keeping the bedroom up-to-date with the most recent state laws may seem like an unnecessary task, but it will pay off in the long run.