Inspect the dwelling thoroughly in the presence of your landlord and write down any defects. We recommend that you use the “moving-in checklist” in this book and have the landlord sign your copy. Keep your copy and send a copy to your landlord. Landlords are often too busy to return anything you might give them and the information might get lost in the shuffle.

Read your lease thoroughly and discuss it worth your landlord. Any changes to the lease must have the consent of the lessor (landlord) and the lessee (tenant). This is done by both parties initialing and dating the changes. Be sure to get all agreements in writing. If the landlord promises anything and won’t put it into writing, it probably means he/she doesn’t intend to keep the promise. Any commitment by the landlord that is not made in writing or before witnesses may not be easy to enforce. You should have witnesses with you. Take notes when you discuss the rental agreement with the landlord.

Don’t sign the lease unless you get an identical signed copy. You will want to keep this valuable document. You may need it in the future.

Send the landlord a follow up letter to remind him/her of your agreement. All correspondence should be sent through certified mail.

When the lease is signed by both parties it becomes a binding legal contract. If any party does not fulfill the terms of the lease, the person who defaults is subject to a law suit, which can be quite costly. You must completely understand your lease before signing it. The warning “beware of the fine print” certainly applies. If you don’t understand the legal jargon or can’t read the fine print, contact BCT. Volunteers can read over a lease and point out potential problems.

We cannot overemphasize the necessity of reading and fully understanding your lease. Most problems occur because tenants don’t fully understand their leases. A tenant is not excused from honoring a lease simply because he/she doesn’t understand it.

WHAT YOUR LEASE SHOULD INCLUDE

The following list of lease terms is not complete, but at the very minimum, your lease should cover these areas. If it doesn’t, BCT advises you not to sign such a lease unless you can vouch for the landlords integnty. Ask the landlord to write in the provisions you want and include the date and have both parties initial the changes. The lease and all subsequent agreements must be in writing and signed by all parties.

Your lease should contain the following:

1. The house or apartment to be rented, including the location and number~ Be sure you receive the rental unit shown to you.

2. The period of occupancy. The monthly rent on a nine-month lease is usually higher than the rent on a twelve-month lease.

3. The amount of rent to be paid per month. Be sure its the same amount you agreed upon. If the lease provides for rent increases, the condition for these increases should be specified.

4. The day rent is due. The penalty and grace period for rent should be specified. When the written lease contains a clause declaring the lease forfeited for the nonpayment of rent for a specified time, no process shall issue against the lessee until the expiration of that time. (~535.050)

5. The person to receive rent and the address to which it should be sent. Also include the names and addresses of all owners of the properl~y.

6. The condition of the rental unit when your occupancy begins. Attach an inspection checklist to the lease listing all the deficiencies of the unit. (See the checklist in the center of this book and read the section about the return of your deposit.)

7. Who pays for what utilities. If you pay, check with the previous tenants and utility companies about high and low bills. If the landlord is responsible, beware of clauses that may lead to increases for you.

8. Who is responsible for repairs and maintenance of the inside and outside of the rental unit. Be cautious about clauses that hold you responsible for repairs not caused by tenant negligence.

9. The furnishings and appliances provided, including the condition of these items. Specify whether central air conditioning or a window unit A/C is provided.

10. The conditions under which either party may terminate the lease, such as destruction of the property by fire. Include a provision that the lease may be terminated by either party only according to Missouri law.

11. Your lease should include the date and signatures of the landlord and all the roommates. If a roommate doesn’t sign, it is difficult to prove that he/she is party to the contract. Be selective in choosing living partners. (See the chapter on roommates.)

12. Some leases allow the landlord to enter your home at almost anytime for any reason. Don’t sign such a lease. If you do, this could lead to the invasion of your privacy by your landlord.

Include in the lease a clause that requires the landlord to give notice and arrange a mutually agreeable and reasonable time that the landlord may enter the dwelling.

13. Leases often prohibit tenants from altering the property without the landlord’s permission. Specify what you can and can’t do (i.e. hang pictures).

14. If you have or might obtain a pet, make sure the lease doesn’t prohibit pets. Some landlords allow pets, although the leases state otherwise. Add it to your lease, otherwise a ban on pets can always be enforced if it’s in the lease. Most landlords require an additional pet deposit.

15. You may want to or have to leave before your lease expires. Include a clause permitting you to sublet or assign your lease with your landlord’s written permission, which cannot be reasonably withheld (See Sublease section).

16. Any rules and regulations (house rules)
should be stated in the lease. Read all the rules carefully. Attach a copy of any house rules and additional lease information to the lease. Do not agree to any clause that allows
any addition or changes to the rules unilaterally without the tenant’s consent.

17. Don’t sign a lease that allows the landlord to remove or seize and sell your property to pay for damages you cause or for rent you owe. However, such provisions are often unenforceable.

18. If there is a provision regarding attorney fees and court costs, make sure the tenant is only responsible for these costs if they lose.

19. Do not agree to any provision that releases the landlord from liability for damage done to you or your property because of his/her negligence or that makes him/her liable only in cases of gross negligence.

20. Some leases may include provisions that restrict you from posting any signs or political endorsements in your yard. Check with your landlord before proceeding with any endorsements, otherwise you can be in violation of the lease.

21. Do not give up any of your rights pertaining to security deposits. (See the section on getting back your deposit.)

ADDITIONAL LEASE INFORMATION

DO NOT SIGN A LEASE until the landlord has removed any unacceptable provisions

Holding over (staying after your lease ends) causes problems. Some leases are automatically renewed unless you notify the landlord that you intend to move out. If your lease does not renew, you must have prior written permission to remain after the lease expires. You can be charged double rent if you hold over (~441.080). An oral agreement to extend a lease cannot be accepted in court (~441.210). You can be evicted at anytime if you don’t have it in writing, despite the fact the landlord said you could stay.

If you violate the lease, permit waste (damage) to the property, or assign or sublet without the landlords permission, the landlord can give you ten days written notice to vacate the premises (~441.030 to §441.040). Leases sometimes shorten this to five days or less. Whatever the deadline, you must vacate by then. If you don’t you are subject to eviction and double rent. Beware of clauses that allow the landlord to order you out without just cause.

YOUR RIGHT TO INFORMATION:
Addresses of Landlords and Their Agents

Section 535.185 of the Missouri Revised Statutes reads in part:

The landlord of residential property or any person authorized to enter into a rental agreement on such landlord’s behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:

1) The person authorized to manage the premises; and

2) An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands.