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.  


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