Tenant Law in Missouri
Relations between tenants and landlords in Clayton, Missouri can sometimes be touchy. The fact is that it's not easy to be a landlord or a tenant, especially because landlords and tenants often don't understand the legal rights and responsibilities that apply to them.
Both parties to a landlord/tenant relationship are governed by an extensive body of laws and regulations, defining their legal rights and obligations.
Landlord's Rights in Clayton, MO
The most basic right that landlords have is the right to be paid the agreed-upon rent by their tenant. Obviously, renting apartments is how landlords acquire a living, so they are entitled to collect the rent that the tenant agreed to pay.
Landlords also have a right to be compensated for damage to the building that a tenant causes, either intentionally or negligently. Any damage caused by a tenant, besides reasonable wear and tear, can be billed, and the landlord can deduct from the tenant's security deposit to pay for repairs.
Tenant's Rights in Clayton, MO
Much like landlords have a right to get paid for the service they provide, tenants have a right to get what they pay for: a suitable place to live. In Clayton, Missouri, all residential rental agreements carry an "implied warranty of habitability." This means that a landlord implicitly guarantees that any residence he or she rents will be fit for human habitation. In general, an unit will be automatically deemed uninhabitable if it lacks running water, electricity, heat, and adequate protection from the elements. There are many more factors that can be considered, as well, but those are some of the basics.
In addition to habitable living spaces, tenants also have a right to reasonably safe common areas. Common areas include lobbies, hallways, and stairwells - basically anything that everyone living in an apartment complex has access to. These common areas must meet the building standards of Clayton, Missouri, and must not contain any unnecessary safety hazards.
Under federal and Missouri law, tenants are also entitled to protection against discrimination in housing based on race, color, religion, marital status, or gender. Such discrimination can lead to severe civil penalties against the landlord. Landlords further cannot discriminate against tenants based on physical disability, and have to make reasonable accommodations for physically disabled tenants. For example, they have to allow disabled tenants to make minor physical alterations to the unit (at the tenant's expense) to make it more accessible. Now, they don't need to allow the tenants to have the building remodeled. We're just talking about things like installing handrails in the bathroom, and similar things. The landlord can, however, require tenants to restore the apartment to its original condition, at the tenant's expense, once the tenant leaves.
Finally, tenants in most states have a right to be free from unfair eviction. Typically, lease agreements last for a set period of time, and both parties are bound by that contract. Landlords cannot arbitrarily evict clients while the lease is still in effect.
Can a Clayton, Missouri Landlord/Tenant Lawyer Help?
Landlords and tenants normally prefer to avoid getting into fights with one another, for evident reasons. A harmonious relationship is profitable for everyone involved. To that end, the advice of a good Clayton, Missouri landlord/tenant attorney can help defuse arguments before they become too serious.