Missouri Landlord Tenant Law: A Comprehensive Guide
Missouri has its own set of laws that govern the relationship between landlords and tenants within the state. Understanding these laws is essential for both landlords and tenants to avoid any legal disputes and ensure that their rights are protected. In this article, we will cover all the important aspects of Missouri Landlord Tenant Law, including the landlord’s responsibilities, tenant rights, leases, security deposits, eviction process, and more.
Landlord’s Responsibilities
Landlords in Missouri have certain legal obligations that they must adhere to when renting out property. These responsibilities include:
1. Providing Safe and Habitable Housing
Landlords in Missouri are required to maintain and provide safe, sanitary, and livable housing to their tenants. The property must be free from health hazards, like mold and mildew, and meet basic building codes and safety standards.
2. Providing Basic Utilities
The landlord is responsible for providing basic utilities, such as electricity, water, and gas, unless otherwise outlined in the lease agreement.
3. Making Repairs
The landlord must maintain the rental property and make necessary repairs to keep it in good condition. The tenant should notify the landlord of any issues that need to be addressed, and the landlord must make repairs within a reasonable time frame.
4. Providing Proper Notice
If the landlord needs to enter the property for any reason, they must give reasonable notice to the tenant, typically at least 24 hours in advance. Missouri law doesn’t specify a notice period for entry; it only requires that the notice is given at a reasonable time and in a reasonable manner.
Tenant Rights
Tenants in Missouri have certain legal rights that landlords must adhere to. These rights include:
1. Right to Quiet Enjoyment
Tenants have the right to enjoy the property without interference or disturbance from the landlord. The landlord cannot enter the property without proper notice or cause.
2. Right to Challenge Unreasonable Lease Provisions
The lease agreement should be fair and reasonable to both parties. If tenants feel that any provision in the lease agreement is unreasonable, they can challenge it.
3. Right to Security Deposit Return
Tenants have the right to receive their security deposit back at the end of the lease. The landlord must return the security deposit within 30 days after the lease agreement ends.
4. Right to Sue for Illegal Discrimination
Missouri has laws that prohibit landlords from discriminating against tenants based on race, national origin, religion, disability, or gender. If a tenant feels that they have been discriminated against, they can file a complaint with the Missouri Commission on Human Rights.
Leases
A lease is a legally binding contract between the landlord and tenant that outlines the terms of the rental agreement. Lease agreements in Missouri typically include the following:
1. Rent Amount and Payment Terms
The lease agreement specifies the amount of rent due and payment terms, including late fees, grace periods, and payment methods.
2. Lease Term
The lease agreement specifies the length of the lease term, typically ranging from six months to one year.
3. Security Deposit
The lease agreement outlines the amount of the security deposit and how it will be used, as well as the timeline for its return.
4. Utilities
The lease agreement specifies which utilities are included in the rent and which ones the tenant is responsible for paying separately.
Security Deposits
A security deposit is an amount of money that a tenant pays to the landlord at the beginning of the lease to cover any damages or unpaid rent at the end of the lease. Missouri law has specific requirements for security deposits, including:
1. Maximum Amount
The landlord cannot require a security deposit that exceeds twice the monthly rent.
2. Deposit Return
The landlord must return the security deposit within 30 days after the lease agreement ends. If there are deductions, the landlord must provide a written explanation for the deductions.
3. Itemized Deductions
The landlord can deduct from the security deposit for unpaid rent, damages beyond normal wear and tear, and cleaning costs. The deductions must be itemized and reasonable.
Eviction Process
In Missouri, a landlord can evict a tenant for failing to pay rent, violating the lease agreement, or for other legal reasons. The eviction process includes the following steps:
1. Notice to Vacate
The landlord must give the tenant a written notice to vacate the property. The notice should specify the reason for the eviction, the date by which the tenant must vacate, and the consequences if the tenant fails to vacate.
2. Filing an Eviction Lawsuit
If the tenant fails to vacate the property, the landlord can file an eviction lawsuit in court. The court will schedule a hearing and give the tenant an opportunity to respond.
3. Court Hearing
At the court hearing, the judge will decide whether the eviction is legal. If the eviction is granted, the tenant will have a set amount of time to vacate the property.
Conclusion
Missouri Landlord Tenant Law is designed to protect the rights of both landlords and tenants and ensure a fair and harmonious relationship between them. By understanding the legal obligations and responsibilities outlined in Missouri law, both parties can avoid legal disputes and resolve any problems in a timely and efficient manner.
If you have any questions or require legal advice, it’s always best to consult with an experienced attorney who specializes in Missouri Landlord Tenant Law.
Though there are a number of protections for tenants in the Missouri landlord tenant law, there are also the rights of landlords as well, especially when dealing with tenants that violate the terms of any lease or other agreements.
Missouri landlord tenant law contains a number of provisions, many of which pertain to leases, obligations of landlords and tenants and adherence to safety and fire codes. Also, note that there are supplemental federal landlord tenant law regulations, particularly against housing discrimination. Any discrimination based on race, gender, religion, ethnicity or national origins will lead to state, local or federal prosecution.
Security Deposits
Under Missouri landlord tenant law, the landlord is allowed to collect up to two months’ rent as a security deposit. This security deposit covers the cost of damages done by the tenant to the property and is returned in full if no damages are sustained during the occupancy. The security deposit must be demanded prior to the tenant moving into the property and must be included in the lease.
Missouri Landlord Tenant Law And Leases
In addition, the tenant is obligated to understand the lease. The tenant has no legal recourse against legal and reasonable provisions of a lease if they do not understand the terms or any of the terms or obligations. The tenant is obligated to adhere to the terms of the lease or will face eviction. It is in the interest of the tenant to observe existing damages to the property before moving in.
If the landlord and tenant agree to a monthly lease, then that lease can be terminated with 30 days’ notice by either party.
Missouri Landlord Tenant Law Obligations For Tenant
Aside from the timely payment of rent, the tenant must adhere to fire and safety codes and keep the property in reasonable clean condition. The tenant must dispose of garbage in the proper areas and avoid damage to the property. Any damages will be subject to a reasonable estimate and deduction from a security deposit, as necessary.
Rights Of The Landlord Under Missouri Landlord Tenant Law
The landlord has a number of rights available to deal with tenants. Though the access to the property can be restricted while the tenant lives there, with proper notice, the landlord is allowed to enter and the tenant must oblige the request. The landlord may enter for repairs, to showcase the property to other renters near the end of the lease and inspections. The landlord must also oblige requests for repairs within a reasonable interval.
The landlord is obligated under Missouri landlord tenant law to provide utilities, as stipulated in the agreement with the tenant. Utilities may not be shut off in retaliation, even if no rent has been paid. This is part of the obligation of the landlord to ensure that the property is habitable.
Rent may not be raised during the duration of a lease unless it is a monthly lease and notice is given 30 days in advance.
Protections under MO landlord tenant law focus on the ability of the landlord and tenant to formulate comprehensive, binding agreements that delegate the rights and responsibilities of those two parties. There are also a few obligations under Missouri landlord tenant laws that will be implied in any tenancy agreement. A MO landlord tenant law attorney can help you to understand how state law might affect your dispute and may will litigate on your behalf as necessary. Federal and state protections, such as those against discrimination are always in effect.
Do I Have Protection Against Discrimination Under MO Landlord Tenant Law?
Those seeking rental accommodations are protected against discrimination in all parts of the process. One cannot be barred from consideration for renting the property due to race, ethnicity, national origin, religion and in many cases, gender. The landlord may not charge different rent or have other provisions for specific residences based on discriminatory standards.
Is The Landlord Allowed To Collect A Security Deposit?
Missouri landlord tenant laws allows the landlord to collect a security deposit at the time the tenant moves in only. The security deposit will be no more than two months’ rent and this will have to be returned to the tenant when they vacate the property. The security covers the damages done to the property and is deducted only when those damages are the direct result of actions by the tenant, not defects and other necessary repairs that must be made. The landlord has an obligation under Missouri landlord tenant laws to repair said damage, regardless of fault or actions to ensure a safe and habitable structure. Any terms of a security deposit has to be included in the lease.
Does The Tenant Need To Understand The Lease When Signing?
Under Missouri landlord tenant laws the tenant needs to be aware of the terms of the lease and have the unclear provisions explained to them. Unless the terms of the lease are illegal, the tenant will be bound by the provisions they agree to in the lease, under MO landlord tenant law. Failure to follow the legal terms of the lease can provide grounds for eviction under Missouri landlord tenant laws. Note the terms that the lease can be terminated and if notice must be provided.
What Is The Obligation Of The Landlord In Missouri Landlord Tenant Law?
The landlord is obligated under MO landlord tenant law to ensure that the property is safe and habitable and by extension, compliance with building and fire codes. The absence of this will mean that the tenant can sue to set the conditions right, under Missouri landlord tenant laws. The landlord will give the tenant reasonable time to pay their rent according to the binding lease.
Do I Have To let My Landlord Inspect The Property Under MO Landlord Tenant Law?
The landlord has the right Missouri landlord tenant laws to inspect the property and have reasonable access when requested. This request must be made at least three days in advance to give the tenant time to accommodate it. MO landlord tenant law gives the landlord the right to access for the purposes of making repairs, looking for damage and otherwise maintaining the property.
