Landlord-tenant law in Missouri regulates the rights and responsibilities of landlords and tenants in the rental process. It is important for both landlords and tenants to be aware of these laws in order to protect their interests and avoid legal disputes.
One of the key rights of tenants in Missouri is the right to a safe and habitable dwelling. This means that landlords are required to keep the rental property in a safe and habitable condition, including making necessary repairs and maintaining electrical, plumbing, and heating systems. Landlords must also ensure that the property is free from health and safety hazards, such as lead paint or mold.
Tenants in Missouri also have the right to privacy and quiet enjoyment of the rental property. This means that landlords cannot enter the property without the tenant's permission, except in certain circumstances such as in the case of an emergency. Landlords also cannot disturb the tenant's peaceful enjoyment of the property, such as by making excessive noise or allowing other tenants to do so.
Tenants are also entitled to receive a written rental agreement at the beginning of the tenancy, outlining the terms of the rental, including the length of the tenancy, the amount of rent, and any rules or regulations for the property. Landlords must also provide the tenant with a written notice at least 30 days before the end of the tenancy if they wish to increase the rent.
On the other hand, landlords have the right to receive payment of rent on time and in accordance with the terms of the rental agreement. If a tenant fails to pay rent, the landlord may give the tenant a written notice to pay rent or vacate the property. If the tenant does not pay the rent or vacate the property within the specified time period, the landlord may file an eviction lawsuit, also known as a forcible detainer suit, with the court.
There are specific steps that landlords must follow in order to legally evict a tenant in Missouri. These steps include:
Terminating the tenancy: Landlords must provide the tenant with written notice to vacate the property, either through a notice to quit or a notice to vacate. The length of the notice period required depends on the terms of the tenancy and the reason for the eviction.
Filing an eviction lawsuit: If the tenant does not vacate the property by the end of the notice period, the landlord can file an eviction lawsuit with the court.
Serving the tenant with the lawsuit: The landlord must serve the tenant with a copy of the eviction lawsuit, either personally or through certified mail.
Tenant response: The tenant has the right to respond to the eviction lawsuit by filing an answer with the court.
Court hearing: The court will schedule a hearing, at which both the landlord and tenant can present their arguments. If the court finds in favor of the landlord, it will issue a judgment of possession in favor of the landlord.
Execution of judgment: If the tenant does not vacate the property after the judgment of possession is issued, the landlord can request that the court issue a writ of possession, which allows the landlord to have the tenant forcibly removed from the property by the sheriff.
There are also certain circumstances in which a landlord may be required to make exceptions for tenants with disabilities. For example, a landlord may be required to allow a tenant to make reasonable modifications to the property in order to accommodate their disability, or to make reasonable accommodations in rules or policies.
It is important for both landlords and tenants to be aware of their rights and responsibilities under Missouri landlord-tenant law in order to avoid legal disputes. If you have questions or concerns about your rights as a landlord or tenant contact Apex Law firm for a free case evaluation.
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