In the state of Missouri, if a rental agreement contains illegal terms, those terms are generally considered void and unenforceable. This means that the landlord cannot use the illegal terms to evict a tenant or otherwise seek to enforce the illegal provisions of the agreement. In our experience, landlords do not intentionally place illegal terms in a contract. Some landlords will try to save money by utilizing a contract template from the internet instead of hiring a lawyer to draft their contracts. When this occurs it is common for ambiguity, conflict of laws, and other issues to exist.
However, it is important to note that the presence of illegal terms in a rental agreement does not necessarily invalidate the entire agreement. If a rental agreement contains both legal and illegal terms, the legal terms may still be enforceable.
If you believe that your rental agreement contains illegal terms, it is a good idea to seek legal advice. An attorney can review your rental agreement and advise you on your rights and options.
In Missouri, there are certain provisions that are commonly considered illegal in rental agreements. For example, it is illegal for a landlord to include a provision in a rental agreement that waives a tenant's rights under state law. It is also illegal for a landlord to include a provision that allows them to enter a tenant's rental unit without notice or consent, except in the case of an emergency.
If you are a tenant in Missouri and you believe that your rental agreement contains illegal terms, Apex Law may be able to negotiate with your landlord to have the illegal terms removed or revised. If you are unable to reach an agreement with your landlord, you may need to seek legal assistance to resolve the issue.
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