Landlord/Tenant Laws

Contents:

Before You Rent
Eviction
Discrimination Laws
Rent and Possession / Unlawful Detainer Lawsuits
Landlord and Tenant Responsibilities
Security Deposits
Ending a Lease

Before You Rent

Inspect

Carefully inspect the apartment or house you want to rent, and arrange for any needed repairs before you move in or pay a deposit. Inspect every room. Make sure they are clean and free from bugs. Also, check to see if there are working smoke detectors, check the doors to see if they lock properly, check for broken windows, check the appliances to see if they work properly. Take your time and check everything.

List Needed Repairs

Make a list of any needed repairs and any damaged property you see. Give a copy of that list to the landlord and keep a copy.

Make sure everything is repaired before you sign the lease or move in. If you must move in before the repairs are completed, have the landlord put in writing that he/she will complete the repairs within a certain time.

Get the Details

Find out who is responsible for utilities.

Get the name, address and phone number of who you should contact if you have a problem.

Do not make any false statements to the landlord in your application to rent the property. This may be a violation of the law and cause you further problems if you have a dispute with the landlord.

Before you sign a lease, read it carefully. Make sure the lease says what you have agreed to. If not, do not sign it.

Always keep a copy of your lease.

Discrimination Prohibited

It is against the law for a landlord to refuse to rent to you or evict you because of your race, sex, religion, family status, nationality or a disabling condition, (or in Kansas City, because of your sexual preference). If this happens to you, consult a lawyer immediately. There are time deadlines to file claims. You may also want to file a complaint with the Missouri Human Rights Commission (800-877-6247) or the Federal Fair Housing Office (703-962-1323).

After You Sign The Lease

Tenant's Responsibilities

Pay all your rent on time. Keep all receipts or canceled checks as proof of payment. money order receipts may not be proof of payment, so always get a receipt if you pay by money order.
Keep the property clean and do not destroy, damage, or remove any part of the property.
If you have been given reasonable notice (24 hours is usually considered reasonable), allow your landlord to enter and inspect the property for the purpose of making repairs. Little notice is required in case of an emergency.
Give proper notice to your landlord before moving out.

Landlord's Duties

The property must meet building and housing codes.
The property must be livable for the tenant. There must be adequate heat in winter, water, and utility service.
The rent may not be raised or other lease provisions changed without giving the tenant proper notice (generally one month's written notice from the date rent is due unless the lease says otherwise).

Repairing the Property

Generally, you must repair damages that you or your guests have caused to the property. Your landlord must make repairs that are required by local housing and building codes or repairs required by your lease.

If the property is unsafe, unlivable, or in bad repair, you should:

Request in writing that your landlord make the repairs. Send your notice by certified mail so you have proof that the notice was received, and keep a copy.

Call your local housing or building code department. If you live within the Columbia city limits, you can call the Public Works Department and request a Protective inspection (874-7474). Request an inspection if your landlord does not make the needed repairs.

If the property is unsafe or unsanitary due to major housing code violations and your landlord fails to correct the defects, keep in mind that the City may condemn the property and you will have to move out.

Two other options are available to force a landlord to make necessary repairs, but you should not attempt to do either, unless you first get the advice of a lawyer to make sure you follow the required procedures. Otherwise, your landlord may try to evict you for failure to pay your rent.

1. Tenant's Right to Repair

If you are a tenant you have limited rights to make repairs and deduct it from your rent.

What types of repairs can be made?

The problems with the rental property must affect "habitability, sanitation or security" of the premises and be a violation of a local municipal housing or building code. These are generally serious problems. To determine if the problem satisfies this requirement, you should contact your city department that is in charge of housing or building codes.

The cost of making the repair must be less than $300, or one-half of your monthly rent, whichever is greater. However, the total cost may not exceed one month's rent.

What tenants may make repairs?

You must have resided in the rental property for at least six months and paid all rent and charges during that time period to be eligible to make repairs. If you received a notice of a lease or rule violation by the landlord, which was not directed, you cannot make repairs.

If you, a member of your family, or someone present with your permission, caused the damage either deliberately or negligently, you may not use this law to make repairs.

Procedure for making repairs.

You must first inform the landlord of the problems. This should be done in writing. The landlord must correct the problem within 14 days. If, after 14 days, the landlord has not responded, you may have the repairs done.

You must keep all receipts and itemized statements for the repairs. These must be provided to the landlord. You may then deduct the amount from the rent, as verified by the receipt. This cannot be more than the amount stated in the above section.

If the landlord gives you a written statement disputing the need for the repair within the 14 days, you must obtain a "written certification" from a local or government department that the condition needing repair is in violation of a local municipal housing or building code. If you are able to obtain this certification, you must give it to the landlord who then has 14 more days to correct the problem. If the landlord does not correct the problem, you can then have the repairs made.

All work must be done in a "workmanlike" manner. Remember to keep all receipts and statements concerning these expenses. You will need to provide them to the landlord as verification before you deduct rent.

During a one year period you may only deduct a total of one month's rent.

2. Serious Repairs

If the need for repairs causes you serious inconvenience or threatens your safety, it may be possible for you to move out and claim constructive eviction, or a violation of the implied warranty of habitability. If you have serious sanitation, health, structural problems, heating or plumbing problems, you should always contact your local city government about the problems. They may be a violation of housing or building codes in your city. For these types of serious problems you may also be allowed to withhold your rent and pay it into escrow. These are complicated procedures and you should talk to an attorney before beginning this process.

Ending a Lease

If you or your landlord want to end the lease, proper notice must be given. If you have a written lease, check it to see what you must do. If your lease is not up, you must follow the notice requirements in your lease.

If your lease does not specify a procedure to terminate your lease before the ending date, you may be able to reach an agreement with your landlord to end the lease term early. If you do this, be sure to get this agreement in writing.

If you violate any lease provisions, including failure to pay rent, or permit waste to the property, or fail to get the landlord’s permission before assigning or subleasing, the landlord can give you ten days written notice to vacate the premises. If you haven’t moved out by then, the landlord has the right to file a lawsuit in court to evict you. Contact an attorney immediately upon receiving the Petition and Summons for Eviction. Note, however, a landlord is prohibited from physically evicting you without a court order.

Finally, if the premises have been rendered unlivable for human habitation, the renter MAY be able to abandon the premises and defend this action in court by arguing constructive eviction. However, be sure to consult an attorney before taking such action.

Regardless of how your lease ends, it is a good idea to take photos of the condition of the apartment or house on the day you move out in case the landlord later claims damage to the apartment.

If you have no written lease, or a month-to-month lease that does not discuss notice, you must generally give at least one month's written notice before ending a month-to-month lease. (For example, if your rent is due May 1, and you want to end the agreement on May 31, your written notice must be received by the landlord on or before May 1.)

If you do not give proper notice, then you may be responsible for rent even after you move. If your landlord does not give you proper notice, you may not be required to move until one month after the proper notice is given. Remember, you must pay rent until you have moved out all of your possessions and returned your keys.

Eviction

To legally evict you, your landlord must file a lawsuit in court. If sued, you should receive a Petition and Summons, telling you when and where to appear in court, and what your landlord is demanding. Do not ignore the lawsuit. If you do nothing, a default judgment may be entered against you.

Usually the judge will hear your case on the first court date, about five days after you receive the summons, and not continue it. If you have a claim against your landlord, you must file it in writing with the court by the court date.

If the summons was only posted on your property (not hand-delivered to you or your family by a process server), your landlord may only be able to get a judgment for "possession," but no rent. Possession means possession of the apartment or house, not your property.

Contact an attorney as soon as you are sued or notified that your landlord plans to evict you. If the court rules in your favor, you can stay in your place. If you lose, the court will order you to vacate the premises within a short period of time, usually about five days (possibly shorter) and you are still liable for the rent for the remainder of the lease.

Rent and Possession Lawsuits

If you owe rent, your landlord can sue you for all rent due, possession of the rental property, and court costs. If you cannot pay the rent due plus court costs by the court date, and have no defenses to the lawsuit, the judge can enter a judgment against you. (Not having the money to pay is not a defense.) If you lose, you must move out within 10 days, or you and your possessions may be physically removed.

If you owe rent, but you pay all the rent due plus the court costs by the court date, the case should be dismissed. You should make sure this case is dismissed on the court date. Some landlords may simply tell a tenant "don’t worry about it." Contact the court and make sure the case has been dismissed if you have paid all of the rent.

To appeal a court judgment, you should consult an attorney immediately regarding your rights. Appeals must generally be filed within 10 days, so you should consult a lawyer quickly.

Unlawful Detainer Lawsuits

If your landlord gives you a proper written notice to move but you do not move out, your landlord can evict you by filing an unlawful detainer lawsuit. If your landlord wins, the judge may order you to move from the property, and may order you to pay double rent for the time you stayed after the date you were supposed to move out, plus court costs. If you win, you can stay and continue to pay rent until the end of your lease or the landlord gives you proper notice.

Security Deposits

A landlord may charge no more than two months' rent as a security deposit (excluding pet deposits). Get and keep a receipt for any deposit you pay. Unless your landlord agrees, you may not use a security deposit as the last month's rent.

Within 30 days after the lease has ended, a landlord must:

return your full security deposit or
give you a written itemized list of the damages for which the security deposit is withheld.
A landlord may keep all or part of your deposit for:
the amount of rent owed,
costs of repairs and cleaning after the tenant moves. The landlord cannot charge for repairing ordinary wear and tear, or
actual damages sustained as a result of the tenant’s failure to give adequate notice to terminate.

If a landlord wrongfully keeps your deposit, you may file a lawsuit (typically in small claims court) and ask for damages of double the amount wrongfully withheld. Remember that in this lawsuit, your landlord may also file a claim against you for any rent due or other damages owed.

It is a good idea for you to take photos before moving out to show that the property was clean and in good repair when you moved.

For legal advice as to your rights, you should talk to a lawyer.

- Prepared by Alexandria Zylstra, Student Legal Services Coordinator

Portions of this pamphlet were reprinted with permission of Legal Aid of Western Missouri




Home About Us Individual Legal Consultations Student Legal Learning Center Legal Information on the Internet Legal Tips Available Booklets Access To Student Records Consumer Protection Credit Concerns Criminal Offenses Drinking Laws Driving Laws Drug Convictions and Financial Aid Employment Jury Duty Landlord/Tenant Laws Missouri Sex Offenses Small Claims Court	Printer Friendly Landlord/Tenant Laws Contents: Before You Rent Eviction Discrimination Laws Rent and Possession / Unlawful Detainer Lawsuits Landlord and Tenant Responsibilities Security Deposits Ending a Lease Before You Rent Inspect Carefully inspect the apartment or house you want to rent, and arrange for any needed repairs before you move in or pay a deposit. Inspect every room. Make sure they are clean and free from bugs. Also, check to see if there are working smoke detectors, check the doors to see if they lock properly, check for broken windows, check the appliances to see if they work properly. Take your time and check everything. List Needed Repairs Make a list of any needed repairs and any damaged property you see. Give a copy of that list to the landlord and keep a copy. Make sure everything is repaired before you sign the lease or move in. If you must move in before the repairs are completed, have the landlord put in writing that he/she will complete the repairs within a certain time. Get the Details Find out who is responsible for utilities. Get the name, address and phone number of who you should contact if you have a problem. Do not make any false statements to the landlord in your application to rent the property. This may be a violation of the law and cause you further problems if you have a dispute with the landlord. Before you sign a lease, read it carefully. Make sure the lease says what you have agreed to. If not, do not sign it. Always keep a copy of your lease. Discrimination Prohibited It is against the law for a landlord to refuse to rent to you or evict you because of your race, sex, religion, family status, nationality or a disabling condition, (or in Kansas City, because of your sexual preference). If this happens to you, consult a lawyer immediately. There are time deadlines to file claims. You may also want to file a complaint with the Missouri Human Rights Commission (800-877-6247) or the Federal Fair Housing Office (703-962-1323). After You Sign The Lease Tenant's Responsibilities Pay all your rent on time. Keep all receipts or canceled checks as proof of payment. money order receipts may not be proof of payment, so always get a receipt if you pay by money order. Keep the property clean and do not destroy, damage, or remove any part of the property. If you have been given reasonable notice (24 hours is usually considered reasonable), allow your landlord to enter and inspect the property for the purpose of making repairs. Little notice is required in case of an emergency. Give proper notice to your landlord before moving out. Landlord's Duties The property must meet building and housing codes. The property must be livable for the tenant. There must be adequate heat in winter, water, and utility service. The rent may not be raised or other lease provisions changed without giving the tenant proper notice (generally one month's written notice from the date rent is due unless the lease says otherwise). Repairing the Property Generally, you must repair damages that you or your guests have caused to the property. Your landlord must make repairs that are required by local housing and building codes or repairs required by your lease. If the property is unsafe, unlivable, or in bad repair, you should: Request in writing that your landlord make the repairs. Send your notice by certified mail so you have proof that the notice was received, and keep a copy. Call your local housing or building code department. If you live within the Columbia city limits, you can call the Public Works Department and request a Protective inspection (874-7474). Request an inspection if your landlord does not make the needed repairs. If the property is unsafe or unsanitary due to major housing code violations and your landlord fails to correct the defects, keep in mind that the City may condemn the property and you will have to move out. Two other options are available to force a landlord to make necessary repairs, but you should not attempt to do either, unless you first get the advice of a lawyer to make sure you follow the required procedures. Otherwise, your landlord may try to evict you for failure to pay your rent. 1. Tenant's Right to Repair If you are a tenant you have limited rights to make repairs and deduct it from your rent. What types of repairs can be made? The problems with the rental property must affect "habitability, sanitation or security" of the premises and be a violation of a local municipal housing or building code. These are generally serious problems. To determine if the problem satisfies this requirement, you should contact your city department that is in charge of housing or building codes. The cost of making the repair must be less than $300, or one-half of your monthly rent, whichever is greater. However, the total cost may not exceed one month's rent. What tenants may make repairs? You must have resided in the rental property for at least six months and paid all rent and charges during that time period to be eligible to make repairs. If you received a notice of a lease or rule violation by the landlord, which was not directed, you cannot make repairs. If you, a member of your family, or someone present with your permission, caused the damage either deliberately or negligently, you may not use this law to make repairs. Procedure for making repairs. You must first inform the landlord of the problems. This should be done in writing. The landlord must correct the problem within 14 days. If, after 14 days, the landlord has not responded, you may have the repairs done. You must keep all receipts and itemized statements for the repairs. These must be provided to the landlord. You may then deduct the amount from the rent, as verified by the receipt. This cannot be more than the amount stated in the above section. If the landlord gives you a written statement disputing the need for the repair within the 14 days, you must obtain a "written certification" from a local or government department that the condition needing repair is in violation of a local municipal housing or building code. If you are able to obtain this certification, you must give it to the landlord who then has 14 more days to correct the problem. If the landlord does not correct the problem, you can then have the repairs made. All work must be done in a "workmanlike" manner. Remember to keep all receipts and statements concerning these expenses. You will need to provide them to the landlord as verification before you deduct rent. During a one year period you may only deduct a total of one month's rent. 2. Serious Repairs If the need for repairs causes you serious inconvenience or threatens your safety, it may be possible for you to move out and claim constructive eviction, or a violation of the implied warranty of habitability. If you have serious sanitation, health, structural problems, heating or plumbing problems, you should always contact your local city government about the problems. They may be a violation of housing or building codes in your city. For these types of serious problems you may also be allowed to withhold your rent and pay it into escrow. These are complicated procedures and you should talk to an attorney before beginning this process. Ending a Lease If you or your landlord want to end the lease, proper notice must be given. If you have a written lease, check it to see what you must do. If your lease is not up, you must follow the notice requirements in your lease. If your lease does not specify a procedure to terminate your lease before the ending date, you may be able to reach an agreement with your landlord to end the lease term early. If you do this, be sure to get this agreement in writing. If you violate any lease provisions, including failure to pay rent, or permit waste to the property, or fail to get the landlord’s permission before assigning or subleasing, the landlord can give you ten days written notice to vacate the premises. If you haven’t moved out by then, the landlord has the right to file a lawsuit in court to evict you. Contact an attorney immediately upon receiving the Petition and Summons for Eviction. Note, however, a landlord is prohibited from physically evicting you without a court order. Finally, if the premises have been rendered unlivable for human habitation, the renter MAY be able to abandon the premises and defend this action in court by arguing constructive eviction. However, be sure to consult an attorney before taking such action. Regardless of how your lease ends, it is a good idea to take photos of the condition of the apartment or house on the day you move out in case the landlord later claims damage to the apartment. If you have no written lease, or a month-to-month lease that does not discuss notice, you must generally give at least one month's written notice before ending a month-to-month lease. (For example, if your rent is due May 1, and you want to end the agreement on May 31, your written notice must be received by the landlord on or before May 1.) If you do not give proper notice, then you may be responsible for rent even after you move. If your landlord does not give you proper notice, you may not be required to move until one month after the proper notice is given. Remember, you must pay rent until you have moved out all of your possessions and returned your keys. Eviction To legally evict you, your landlord must file a lawsuit in court. If sued, you should receive a Petition and Summons, telling you when and where to appear in court, and what your landlord is demanding. Do not ignore the lawsuit. If you do nothing, a default judgment may be entered against you. Usually the judge will hear your case on the first court date, about five days after you receive the summons, and not continue it. If you have a claim against your landlord, you must file it in writing with the court by the court date. If the summons was only posted on your property (not hand-delivered to you or your family by a process server), your landlord may only be able to get a judgment for "possession," but no rent. Possession means possession of the apartment or house, not your property. Contact an attorney as soon as you are sued or notified that your landlord plans to evict you. If the court rules in your favor, you can stay in your place. If you lose, the court will order you to vacate the premises within a short period of time, usually about five days (possibly shorter) and you are still liable for the rent for the remainder of the lease. Rent and Possession Lawsuits If you owe rent, your landlord can sue you for all rent due, possession of the rental property, and court costs. If you cannot pay the rent due plus court costs by the court date, and have no defenses to the lawsuit, the judge can enter a judgment against you. (Not having the money to pay is not a defense.) If you lose, you must move out within 10 days, or you and your possessions may be physically removed. If you owe rent, but you pay all the rent due plus the court costs by the court date, the case should be dismissed. You should make sure this case is dismissed on the court date. Some landlords may simply tell a tenant "don’t worry about it." Contact the court and make sure the case has been dismissed if you have paid all of the rent. To appeal a court judgment, you should consult an attorney immediately regarding your rights. Appeals must generally be filed within 10 days, so you should consult a lawyer quickly. Unlawful Detainer Lawsuits If your landlord gives you a proper written notice to move but you do not move out, your landlord can evict you by filing an unlawful detainer lawsuit. If your landlord wins, the judge may order you to move from the property, and may order you to pay double rent for the time you stayed after the date you were supposed to move out, plus court costs. If you win, you can stay and continue to pay rent until the end of your lease or the landlord gives you proper notice. Security Deposits A landlord may charge no more than two months' rent as a security deposit (excluding pet deposits). Get and keep a receipt for any deposit you pay. Unless your landlord agrees, you may not use a security deposit as the last month's rent. Within 30 days after the lease has ended, a landlord must: return your full security deposit or give you a written itemized list of the damages for which the security deposit is withheld. A landlord may keep all or part of your deposit for: the amount of rent owed, costs of repairs and cleaning after the tenant moves. The landlord cannot charge for repairing ordinary wear and tear, or actual damages sustained as a result of the tenant’s failure to give adequate notice to terminate. If a landlord wrongfully keeps your deposit, you may file a lawsuit (typically in small claims court) and ask for damages of double the amount wrongfully withheld. Remember that in this lawsuit, your landlord may also file a claim against you for any rent due or other damages owed. It is a good idea for you to take photos before moving out to show that the property was clean and in good repair when you moved. For legal advice as to your rights, you should talk to a lawyer. - Prepared by Alexandria Zylstra, Student Legal Services Coordinator Portions of this pamphlet were reprinted with permission of Legal Aid of Western Missouri
Copyright © 2006, Student Legal Services, University of Missouri
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