In Missouri, if you pay money in exchange for a place to live, you are legally a tenant and entitled to all of a tenant’s rights. Even if you don’t have a written lease, paying for a dwelling makes you a tenant and grants you specific legal protections. If you are currently in a rental dispute, you must understand your rights and legal options as a tenant. A real estate litigation attorney can answer further questions regarding tenants’ rights in Missouri.
Fundamental Rights as a Tenant in Missouri
Below are some of the basic general rights tenants have in Missouri. These are rights that all tenants have, regardless of the terms of their individual leases.
- Safe living conditions. Tenants have a right to a safe and sanitary living space.
- No landlord retaliation. Landlords cannot retaliate against tenants for reporting lease violations.
- Formal eviction. Landlords must go through a formal eviction process to remove tenants.
- Right to Privacy. Landlords must give advance notice before entering the property and must respect tenants’ privacy.
- No discrimination. Tenants have a right not to face housing discrimination because of race, color, national origin, sex, familial status, or disability.
Additionally, landlords cannot lie about or misrepresent the conditions of the property or the lease. They must also provide notice if they sell the property to another owner.
Tenant Responsibilities in Missouri
Tenants have rights, but they also have corresponding responsibilities. As a tenant, you must:
- Pay agreed-upon rent on time
- Use the property reasonably and not cause damage
- Dispose of all garbage and rubbish with the appropriate method
- Refrain from unreasonable use of electricity, plumbing, or heating
- Not sublease the property without the landlord’s consent (RSMo 441.630)
If a tenant does not follow these rules, they can be guilty of a lease violation.
Missouri Implied Warranty of Habitability
Landlords are responsible for maintaining safe and habitable dwellings for their tenants. The legal name for this responsibility is a warranty of habitability. Missouri has an implied warranty of habitability that applies to every rental agreement, even if it’s not explicitly mentioned in the lease. A warranty of habitability obliges the landlord to maintain basic habitability and living standards for tenants.
In most cases, this means keeping a dwelling in accordance with local building codes and ordinances. If a rented living space violates some local building codes, tenants can request that the landlord fix it. If the landlord does not respond to repair requests, the tenants may have the right to perform repairs themselves and deduct the expense from future rental payments (RSMo 441.234). In some cases, tenants may be able to withhold rental payments for warranty of habitability violations.
Notice of Termination
If landlords want to terminate a rental agreement, they must follow the appropriate steps and give appropriate notice. The exact rules depend on whether you have a written lease or an at-will tenancy.
If a landlord wishes to terminate a written lease before the term expires, they must have a reason, such as a lease violation or failure to pay rent. Otherwise, they can only end the lease when it expires. For an at-will month-to-month tenancy, the landlord must give 30 days’ notice before terminating the lease agreement (RSMo 441.060). Landlords are not permitted to withhold vital utilities, such as heat or electricity, to facilitate evictions.
Real Estate Litigation Attorneys in St. Louis
The attorneys at Uthoff, Graeber, Bobinette & Blanke have extensive experience handling real estate litigation in St Louis and Missouri. Contact us today if you have questions about rights and responsibilities.