Generation
Information About Legal Topics
Topic 119: Rights And Duties Of Tenants
(revised 10/98)
When you
rent a house or apartment, you enter into a legal relationship
with your landlord. As a tenant, you assume certain legal
rights and duties. The duties generally include paying the rent on time,
returning the property in the condition that it was rented,
and allowing the landlord to make occasional inspections -
at your convenience and with sufficient notice. The landlord
may have the right, under some circumstances, to enter your
property without notice, but this is usually rare.
Your rights
include the basic one of possession. Even
though the landlord retains ownership of the property, you
are entitled to the use of it, but subject to the terms of
the lease.
You have the same rights of
privacy as a homeowner. No one may enter your premises without
specified legal authority. You have
the right to a habitable home, as well. Your dwelling
place must be kept safe, with the wiring, plumbing, and heating
in sound condition and free of pests. The landlord is generally
responsible for making repairs. If the landlord fails to maintain
the property, you may contact your local health or building
inspection department. You may also escrow your rental payments
after notifying your landlord of the defects and affording
the landlord a reasonable time period within which to make
the repairs. You should consult with an attorney before you
decide to escrow your rent.
If you
submit a security deposit, the landlord must account for the
money and return it to you within 30 days from the end of
your tenancy. The landlord may retain part or all of your
security deposit but only if an itemized statement of the
damages or rent owed is sent to you within the 30 day period.
A security deposit is not intended to be the last month's
rent, but is to assure the landlord that when you move out
there are no damages.
Many of
these rights and duties are assumed, regardless of whether
they are set down on paper. Some are so established that they
cannot be taken away, even if an agreement attempts to do
so.
If you
live in Missouri, a state statute prohibits your landlord
from evicting you without going to court. Therefore, your
landlord cannot diminish your services like gas, water and
electric utilities - lock you out or take your door off the
hinges in order to evict you. Your landlord must get a judgment
in court before you can be evicted from your apartment. If
you are sued, you a may appear in court to challenge the landlord's
eviction action.
If you
are not successful in your challenge, you may expect to be
evicted. You could even be required to pay damages and the
landlord's court costs. Should you foresee a problem of this
nature, consult an attorney immediately.
As with
all legal relationships, the agreement between tenant and
landlord can work to the benefit of both parties - if both
parties understand the rules and abide by them. Should a problem
arise, your best recourse is a complete knowledge of your
rights and how to protect them. |