Being a landlord can be one of the most thankless jobs in the world. People depend on property being available to rent, but seldom, if ever, consider that this can’t continue if the landlord loses money. As any landlord, property manager, or attorney dealing with Property Law Services St. Charles MO, can attest, the landlord-tenant laws are all stacked in favor of the tenant.
The laws regulating tenant’s rights are complicated, but anyone renting, leasing, or managing property is obligated to know and obey these laws to the letter. While every landlord could tell tale after tale about tenants who did something strange and unusual, some issues must be dealt with repeatedly.
The Tenant’s Right to Withhold Rent for Repairs
In Missouri, as is true in other jurisdictions, tenants have the legal right to withhold rent if there are important maintenance issues. A defective heater, a leaky roof, and a broken railing next to a stairway, for example, would entitle a tenant to withhold rent. The tenant has two options:
* To hold back rent until the repairs are made;
* To hire someone to make the repair and deduct the cost of the repair from the rent.
Important Considerations on Withholding Rent for Necessary Repairs
* Not all needed repairs or problems with the dwelling legally allow a tenant to hold back rent.
* The landlord must be given notice and a deadline for fixing the problem before rent can be withheld.
* There are limits on how much rent can be withheld and how often this can be done.
* The withheld rent should normally be kept in an escrow account.
Security Deposits
* A security deposit cannot be for more than two months’ rent.
* The security deposit must be returned within 30 days after the tenant moves out.
Van Dillen & Flood P.C. has been providing legal services since 1979. These experienced attorneys handle a wide range of legal issues, including bankruptcy, collections, estate planning and probate, and Property Law Services St. Charles MO. Landlord-tenant disputes are inevitable, but the attorneys at Van Dillen & Flood are knowledgeable and have been helping landlords for many years.
If you rent or lease property, protect your rights with the help of an attorney who handles property law services in St. Charles, MO.
