Your Rights As a Tenant
It is very important to know your rights as a tenant. These rights can prevent a landlord from taking advantage of you and allow you to make the best deal for you and your family.
Types of Lease Agreements
Oral- This agreement is a spoken agreement that both tenant and landlord agree on. A oral agreement is legal for a time frame of a year or less. Oral agreements for more than a year are not legal.
Written- This lease is a written contract between tenant and landlord. A written lease includes the terms of lease, such as amount of rent, what is included in the rent, and what the landlord and the tenant are responsible for. A written lease is signed by both parties.
What is Agreed Upon in a Oral and a Written Agreement
You and the landlord should agree on the following:
Amount of Deposit
Amount of rent that will be paid
When it is to be paid
Whether the appartment is furnished
What utilities are included in the rent, if any
Who will do the repairs
Whether pets are allowed, A landlord cannot legally refuse to rent to a family with children
Why is a Written Lease Important
A written lease prevents faulty memories. All of the terms are in writing and each tenant and landlord should have a copy. It is very important for a tenant to understand all of the terms before signing a written agreement.
Repairs By the Landlord
Missouri requires that all landlords maintain their residential rental properties to a safe and decent standard. This is called Warranty of Habitability. If a dangerous or unsanitary condition develops, the tenant should let the landlord know of it. The landlord is legally bound to make the proper repairs. If he or she fails to do so then the tenant can sue the landlord for damages. Occasionally the tenant can make the repairs and deduct the amount from the rent, but they should consult legal advice before hand.
When can a Landlord End a Lease
A landlord can end the lease under the following terms:
When the lease is at an end
When a tenant does not pay the rent
When a tenant damages the property
When the terms of the lease has been violated
When Can a Tenant End a Lease
A tenant can end the lease under the following terms:
When the lease is at an end
When a landlord violates the terms of the lease
Note: Both parties can end a month-to-month lease at any time, but 30 days notice must be given.
What Happens if a Tenant Does not Pay Rent When it is Due
The landlord will demand the rent. If the rent is not paid, the landlord can file suit in court. The tenant can appear in court and pay all of the back rent and court costs and be allowed to stay in the leased property. If the judge sides with the landlord and the tenant does not pay all the costs, the sheriff will come and remove all of the tenant's belongings outside and refuse entry to the tenant.
Security Deposits
Most rental properties require a security deposit. A landlord can demand up to two months rent as a deposit. This deposit is to cover the cost of any damages that a tenant may do to the property. A landlord has 30 days after the end of a lease to return the deposit or an explaination as to why it was not returned. The landlord must send the deposit to the tenant's last known address. It is very important to leave your new address in writing with the landlord. If the landlord fails to refund the deposit in 30 days, a tenant may sue the landlord for twice the amount withheld.