Getting aware of Missouri Landlord Tenant Law is really important if you are planning to study here and hunting for an ideal student accommodation. Missouri Landlord Tenant Law covers a range of issues from security deposits to eviction procedures, and understanding these can help you avoid conflicts and protect your rights as a tenant.
In this blog, we will be taking you through the updated Missouri Landlord Tenant Law and all the specifications you need to know before moving on rent. Without further ado, let’s begin.
Table of contents
Missouri Landlord Tenant Law: An Overview
Missouri Landlord Tenant Law ensures the protection of tenants as well as landlords. The tenancy agreement between a landlord and tenant can be written or oral. It is generally believed that written agreements are more powerful and provide more protection to both parties. After signing by both parties, the tenancy agreement becomes a binding legal contract.
On the other hand, oral tenancy agreements are unreliable and can lead to misunderstandings. It is obligated for only one month and any tenancy agreement of up to one month or more must be written and signed by both parties.
The lease agreement should specify the rental amount, due dates, lease duration, and any other conditions. Any changes in the tenancy agreement should be notified to the other party only in writing with a proper notice period. Also, there should be no discrimination made on the basis of the renter’s race, colour, religion, sex, disability, familial status, or national origin.
Further Read: Feeling overwhelmed by California’s rental rules? Check out our student-friendly guide to California landlord-tenant laws and get the essential tips for your lease with ease!
Payment Clauses As Per Missouri Landlord Tenant Law
Most of the disputes arise due to payment between landlord and tenant. As per the payment clauses under Missouri Landlord Tenant Law, the tenant should pay rent on time. On the other hand, the landlord must provide a habitable property and pay for repairs due to ordinary wear and tear.
Security Deposit
As per the Missouri Landlord Tenant Law, a landlord can collect the amount of security deposit to cover potential damages or unpaid rent. However, he can’t charge more than two months’ rent as a security deposit from the tenant. According to the Missouri Landlord Tenant Law, landlords must return the security deposit within 30 days after the tenant vacates the property, minus any deductions for damages or unpaid rent.
In case, the landlord fails to refund the amount of the security deposit within the desired time frame, the tenant may sue to recover up to twice the amount wrongfully withheld. The landlord must provide a list of deductions along with the remaining balance of the deposit. Also, the tenant can’t use the amount of security deposit to pay the rent for the last month of the tenant in the property.
Repairs and Maintenance
If the damages are because of the negligence of the tenant, he needs to bear the expenses as per Missouri Landlord Tenant Law. If there are repair issues like broken appliances or leaky pipes, you should notify your landlord in writing. Landlords generally have a reasonable amount of time to address these issues, typically within 14 days. If repairs are not made, tenants may have the right to withhold rent or make the repairs themselves and deduct the cost from their rent. However, these actions should be approached carefully and in compliance with Missouri Landlord Tenant Law to avoid legal disputes.
In any case, the tenant can’t withhold the amount of rent only except in dangerous or unsanitary conditions. The landlord will have a time period of 14 days to repair the damages. However, if the landlord fails to do so, the tenant can proceed with the repairs but in compliance with Missouri Landlord Tenant Law. Also, keep in mind that the repair should be of a lesser amount than USD 300 or one-half month’s rent (whichever is greater).
Rent Clause
Landlords in Missouri can increase rent with proper notice as per the Missouri Landlord Tenant Law. For month-to-month leases, they must provide at least 30 days’ notice before implementing the increase. For fixed-term leases, rent increases can only occur at the end of the lease term unless specified otherwise in the lease agreement.
Eviction Under Missouri Landlord Tenant Law
According to Missouri Landlord Tenant Law, without a court order, the tenant can’t be evicted from the property. Common reasons for eviction include non-payment of rent, violation of lease terms, or damage to the property. Landlords must provide written notice of the eviction, and in most cases, they must also file an eviction lawsuit if the tenant does not vacate the property voluntarily.
As per law, the tenant can proceed with eviction under certain conditions. These include
- Any damage to the property.
- If the tenant fails to pay the rent.
- If the tenant violated the terms and conditions under the lease.
- Any criminal activity.
- Gambling
- Fails to vacate as per agreement.
As per the law, the tenant will receive the eviction notice and will get the opportunity to be heard in court before eviction. Also, a landlord can evict the tenant from the property, if the tenant is occupying the property unlawfully.
Recommended Read: Ready to know the ins and outs of student accommodation in the Lone Star State? Check out our ultimate guide to Texas landlord-tenant laws.
FAQs
A rental agreement can be written or verbal as per Missouri Landlord Tenant Law. It should include the following:
– The rental amount and payment due dates.
– The lease duration and any renewal terms.
– Responsibilities for utilities and maintenance.
– Rules regarding property use, such as restrictions on pets or subleasing.
Landlords as per Missouri Landlord Tenant Law must return the security deposit within 30 days after the tenant moves out. Along with the deposit, landlords must provide an itemized list of any deductions made for damages or unpaid rent.
As per the Missouri Landlord Tenant Law, the landlord must return the security deposit or provide an itemized list of deductions within 30 days. If he fails to do so, you may file a complaint with local housing authorities or seek legal advice to pursue recovery of the deposit.
As per Missouri Landlord Tenant Law, the landlord can proceed with the eviction based on:
– Non-payment of rent.
– Violation of lease terms.
– Property damage.
Landlords must follow legal procedures and provide proper notice before filing for eviction. However, without a legal notice, the landlord can’t evict the tenant from the property according to Missouri Landlord Tenant Law.
Yes, tenants have the right to contest an eviction in court. If you believe the eviction is unjust or the landlord did not follow legal procedures, you can present your case in a legal proceeding. Also, as per Missouri Landlord Tenant Law, you will be served a legal notice and will be provided with an opportunity to be heard in court.
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