YourRightsAsaTenant (Your Rights As a Tenant)

Your Rights As a Tenant

What These Words Mean

Oral - Spoken, not written.
Lease - The right to use property by paying rent.
Tenant - The person who pays rent for the property.

Can You Have An Oral Lease Agreement?

Yes, but only for one year. A lease for more than one year must be written and signed by the tenant and landlord. Oral lease agreements can be from month to month or year to year. Oral leases for more than one year are not legal.

What You Must Agree On If You Make An Oral Lease

Space you will use as a tenant.
How long you will be a tenant.
Rent you must pay the landlord.
Day of each month you may pay rent.
Place where rent must be paid.
What will the landlord let you use - stove, refrigerator, furniture, basement for storage and washing, parking space for your car?
What you can do on the property - this is important if you are going to run a business on the property.
Lease deposit, if one is to be paid.
Who will pay for electricity, gas and water.
What repairs and cleaning the landlord will do.
Who can live in the space? The landlord may not allow children, dogs, or cats.

When Should You Have A Written Lease?

You should have a written lease when you do not want to live month to month. A written lease is safer than an oral lease. You can best remember your agreement if you have a written lease.

What Should Be Agreed On In A Written Lease?

The same points listed for an oral lease. You should read and understand a lease before you sign it.

What Repairs Must A Landlord Make?

Landlords must make repairs that city housing laws require. Apartment building landlords must repair stairs, halls, walks, porches, cellars, plumbing, elevators, yards and other places used by all tenants. House landlords may not have to make repairs. A written lease agreement can require the landlord to make repairs.

What Repairs Must A Tenant Make?

A written lease agreement can require the tenant to make repairs.
Damage done to the property by tenant.
Repairs to keep water and wind out of a house.

When Can A Landlord End A Lease?

At the end of a written lease.
When a tenant does not pay rent.
When a tenant damages the property.
Landlord can end a month to month lease at any time but landlord must give a one month written notice to tenant.
When a tenant violates a condition of a written lease.

When Can A Tenant End A Lease?

Some written leases are automatically renewed unless the tenant gives written notice of an intent to leave at a certain time.
Only at end of written lease.
Tenant can end a month to month lease at any time but tenant must give a one month written notice to landlord.

When Do You Give A One Month Notice?

The day the rent is due is the start of a lease month. Rent is usually due on the first day of a month but it can be another day. Notice must be given before the end of a rent month to take effect at the end of the next rent month.

EXAMPLE

Tenant must pay rent on June 1.
Tenant wants to end the lease.
Tenant must give a written notice that is received by the landlord on or before May 31 to end the lease on June 30.
If the notice is received by the landlord the month to month lease will end June 30.
Landlords must give the same one month notice when they want to end a month to month lease.

How Do You Give A One Month Notice?

The notice should be in writing. The notice should be addressed to the landlord by name. If more than one, all names should be listed. The notice should state: I give you this notice that I am ending my month to month lease for your property at (address) on (last day of next month). Please tell me where to return the keys.

- Tenant's Signature

The notice can be handed to the landlord or mailed by certified mail to the address where rent is paid, with a return receipt from the post office to prove delivery. If mailed, the notice must be sent to allow time for it to be delivered before the start of the next rent month.

What Happens If A Tenant Does Not Pay Rent When Due?

The landlord will demand the rent. If rent is not paid, landlord will file suit in court. The tenants can appear in court and pay all of the back rent and late fees at that time and remain in the leased premises. If the judge decides in favor of the landlord or if the tenant does not pay the back rent and late fees, the sheriff will come and put the tenant's furniture, clothes and other property outside and keep the tenant from going inside.

Can Tenants Have A Legal Rent Strike?

Yes, if the landlord has not obeyed minimum housing laws. Tenants must file a suit and obey the Missouri Inadequate and Deficient Housing Law. A lawyer must help with this. However, a tenant should not stop paying rent unless so advised by a lawyer.

If You Need Help Finding A Lawyer

If you need help finding a lawyer, call The Missouri Bar Lawyer Referral Service at 573/636-3635.

In St. Louis, call
314/621-6681

In Kansas City, call
816/221-9472

In Springfield, call
417/831-2783

The Missouri Bar acknowledges the assistance of the Literacy Council of Greater St. Louis Lawyers on Literacy Committee of the Bar Association of Metropolitan St. Louis in the preparation of this brochure.