Mo. Rev. Stat. » Chapter 441
Missouri Revised Statutes

Mo. Rev. Stat. § 441.030 (2026)

Tenant not to assign without consent

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  441.030.  Tenant not to assign without consent — nor violate conditions — nor commit waste. — No tenant for a term not exceeding two years, or at will, or by sufferance, shall assign or transfer his term or interest, or any part thereof, to another without the written assent of the landlord; neither shall he violate any of the conditions of his written lease, nor commit waste upon the leased premises.

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(RSMo 1939 § 2967)

Prior revisions: 1929 § 2581; 1919 § 6877; 1909 § 7880

CROSS REFERENCES:

Assignment of leases to be in writing, 432.060

Damages for waste, 537.420, 537.450, 537.460

Receivership in case of waste pending suit, 537.500

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1974–2025 · leading case: Schroff v. Smart, 120 S.W.3d 751 (Mo. Ct. App. 2003).
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Schroff v. Smart, 120 S.W.3d 751 (Mo. Ct. App. 2003). · cites it 2× “hrough VIII, TEC argues Sehroff was an assignee under the lease agreement and did not acquire the right of first refusal because: (1) Sehroff did not sign the lease agreement in his individual capacity; (2) Sehroff was not a party to the lease; (3) the second term of the lease…”
Megargel Willbrand & Co., LLC v. Fampat Ltd. P'ship, 210 S.W.3d 205 (Mo. Ct. App. 2006). · cites it 3× “1998); Section 441.030 RSMo (2000). If a lease prohibits assignment without the lessor’s consent, any assignment of the lease without that consent is invalid.”
Crestwood Plaza, Inc. v. Kroger Co., 520 S.W.2d 93 (Mo. Ct. App. 1974). · cites it 2× “We also note § 441.030, RSMo 1969, V.A. M.S., which provides: “No tenant for a term not exceeding two years, or at will, or by sufferance, shall assign or transfer his term or interest, or any part thereof, to another without the written assent of the landlord .”
Briar Road, L.L.C. v. Lezah Stenger Homes, Inc., 256 S.W.3d 131 (Mo. Ct. App. 2008). · cites it 2× “Point I argues that the trial court erred in denying plaintiffs counter-motion for summary judgment and in entering judgment against plaintiff because “there is no genuine issue of fact in that the Hulls were tenants of the Property for a term exceeding two years and under…”
Hemisphere Tour & Travel, South, Inc. v. Bones, 978 S.W.2d 451 (Mo. Ct. App. 1998). · cites it 4× “” § 441.030, RSMo 1994. On the other hand, a lease agreement that exceeds two years in duration may be assigned by a tenant without the landlord’s consent, absent language to the contrary contained within the lease agreement.”
S. Real Est. & Fin. Co. v. City of St. Louis, 758 S.W.2d 75 (Mo. Ct. App. 1988). · cites it 2× “Section 441.030 and Section 537.420 express Missouri public policy and are controlling on the issue of waste in a landlord-tenant relationship for a term of years.”
S.M. vs. Curtis Deierling, 717 S.W.3d 790 (Mo. Ct. App. 2025). · cites it 2× “040 a landlord is permitted to retake possession of a leased property after giving ten days’ notice to vacate when the lease has been violated, such as overstaying the length of the lease, per Section 441.030. 7 Campus. S.M. was in such fear of violence from Deierling that she…”
RREEF Mid-Am. Fund III v. Distronics Corp., 652 F. Supp. 1490 (E.D. Mo. 1987). · cites it 3× “§§ 441.030, 537.420 and 537.490. *1497 A.”
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