Housing
Legal Information About Landlord-Tenant Relations
Rental Assistance Programs
Legal Information About Landlord-Tenant Relations
By John Ammann and Mary Devries. John Ammann is the director of St. Louis University School of Law’s Clinical Law Program, and works closely with Legal Services of Eastern Missouri, Inc. on a number of present concerns. Mary DeVries is a staff attorney with the Housing Unit of Legal Services of Eastern Missouri, Inc.
Duties
Both landlords and tenants are often not informed of the basic rights and responsibilities they have toward one another. Tenants especially suffer as a result of this situation. Some tenants pay illegally hiked rents or unknowingly agree to premature termination of their leases. Such actions hurt elderly fixed-income tenants most of all. The following are a few of the basic duties of landlords and tenants.
Some Duties of The Tenant
1. Must pay rent on time.
2. Must keep apartment clean, dispose of garbage, rubbish, etc.
3. Must not deliberately destroy or damage the structure.
4. May not take on additional occupants or sublease without permission of the landlord.
5. Must use plumbing and electrical fixtures in a reasonable way.
6. Must give written notice 30 days before the next rent is due when leaving a month-to-month (no formal lease) tenancy.
7. Must not commit or allow the illegal possession, sale or distribution of controlled substances upon the rented premises.
Some Duties of The Landlord
1. Must not turn off water, electricity or gas.
2. Must provide adequate heat in winter.
3. Must not lock tenant out or prevent tenant from entering or leaving apartment. (A landlord needs a court order to legally evict a tenant.)
4. May not raise rent during term of formal lease or without giving 30-day written notice before the next rent is due on a month-to-month tenancy.
5. Must keep apartment and public areas safe, secure, sanitary, and in substantial compliance with the housing code. If the tenant damages the apartment, the landlord may have to repair the damage and charge the tenant.
Abandonment
If the tenant abandons the dwelling unit, the landlord may have the right to enter and remove the tenant’s belongings. The landlord has the right to do this only in the situation in which the tenant is 30 days or more behind on the rent and the tenant fails to respond to the landlord’s notice to the tenant of the landlord’s belief of abandonment. The landlord’s notice must be in writing. The landlord must mail the notice to the tenant by first class mail and by certified mail. Moreover, the landlord will not be able to claim abandonment if the tenant either pays all rent due or responds in writing within 10 days of the posting of the landlord’s notice that the tenant does not intend to abandon the dwelling unit.
The tenant’s best protection from a landlord claiming abandonment is to avoid getting behind in rent. If the tenant is going to be absent from the unit while also being behind on rent, the tenant should be sure to inform the landlord in writing that he or she still intends to occupy the unit and it is not abandoned. Moreover, if the landlord does send a notice claiming abandonment, then the tenant must be sure to respond in writing and to explicitly deny the allegations of abandonment. In doing so, the tenant should date and keep a copy of any notice he or she gives to the landlord.
When The Tenant Fails To Pay Rent
If one is going to be late with the rent or will not be able to pay rent for a particular month, one should contact the landlord and let him or her know the problem and attempt to work together on a payment arrangement. While the landlord is not obligated to accept payments of less than what was originally agreed, notifying the landlord in advance may help avoid problems.
When the tenant fails to pay the rent for any month, the landlord can sue the tenant in a rent and possession lawsuit. The tenant will receive a summons notifying him or her that a lawsuit has been filed. The summons will indicate when and where the tenant must appear in court to respond to the lawsuit. Upon receiving the summons, the tenant should contact a lawyer immediately. DO NOT IGNORE THE SUMMONS. IF THE TENANT OR THE TENANT’S ATTORNEY DOES NOT APPEAR IN COURT WHEN THE CASE IS SCHEDULED, THE LANDLORD WILL OBTAIN A JUDGMENT FOR RENT AND POSSESSION BY DEFAULT.
If there is rent due and the tenant pays it, along with court costs, on or before the day of trial, the case will be dismissed. If the court decides in favor of the landlord, the court may order the tenant to pay back rent plus costs and to move out of the apartment. (This is an eviction.) The sheriff may forcibly remove a tenant still in possession, usually as soon as 10 days after the eviction order. The court may also order the tenant’s wages garnished or possessions sold to satisfy a money judgment in favor of the landlord. REMEMBER: THE LANDLORD CANNOT LEGALLY EVICT OR LOCK OUT A TENANT WITH OUT A COURT ORDER.
Unlawful Detainer
If a landlord wants a tenant to move out for some reason other than non-payment of rent, the landlord may be able to force the tenant to move from the property. If there is no long-term lease, the landlord does not need a reason to end the tenancy but must give adequate notice that the tenancy is to be ended. (A month to-month tenancy requires 30-day written notice before the next rent is due.) If there is a long-term lease, it will state how much notice must be given, but by law it can be no less than 10 days’ notice. The lease will also state what things constitute sufficient reason for the landlord to terminate tenancy (i.e., tenant-caused damage to premises, pets in apartment, etc.). If the tenant does not move out when the tenancy is ended, the landlord can file an unlawful detainer lawsuit to have the tenant evicted. The tenant receives a summons, much as in a rent and possession action, and there is a court hearing or trial. (DO NOT IGNORE THE SUMMONS. Contact an attorney immediately.)
After a trial, the judge decides whether the landlord properly ended the tenancy. If the landlord acted properly, the court orders the tenant to move. If the tenant does not move within 10 days, or other court-ordered period of time, the landlord can have the tenant evicted, if necessary, by the sheriff. If the landlord did not properly end the tenancy, the tenant can stay in the property. PLEASE NOTE: If the tenant stays in the property after the tenancy is ended — an action called “holding over” — the landlord may be entitled to double rent for each day the tenant holds over if the landlord is successful in the unlawful detainer action.
Security Deposit
A landlord can charge no more than two months’ rent as a security deposit.
The landlord can keep a deposit only in the amount of rent owed or for costs of repair and cleaning after the tenant moves. The landlord cannot charge the tenant for repairing ordinary wear and tear upon the premises. It is a good idea to take photographs of the apartment when you move in to document the condition of the apartment at that time and to take photographs of the apartment before one moves out to show that no damage was done to the apartment.
The landlord must allow for the tenant to attend a move-out inspection and either return the full security deposit or provide a written list of the reasons that all or part of the security deposit is being withheld. This must be done within 30 days of the end of tenancy. If the landlord does not do so or wrongfully withholds any part of the security deposit, the tenant can sue and recover up to two times the amount that the landlord wrongfully withheld.
Repairs
The landlord does not always have to pay for repairs. Before a tenant does them or hires someone else to do them under assumption that the landlord will reimburse, have the landlord agree in writing to pay for the repairs. If the tenant is responsible for the damage, the landlord has no obligation to pay for the repairs.
If an apartment is found to be or suspected of being substandard (in violation of housing codes), a tenant should:
1. Call the landlord and ask for repairs.
2. Make a written request of the landlord for repairs.
3. Call the health department or building inspector if the landlord does nothing.
4. Contact a lawyer. (One may be able to withhold rent in some situations, but it would be prudent, if not essential, to obtain the advice of counsel first.)
In some cases, the tenant has the right to repair and deduct from the rent the cost of the repair. The tenant has this right in cases when the defective condition is a violation of a local municipal housing or building code and the cost of the repair is less than $300, or one-half the monthly rent, whichever is greater, provided the amount may not exceed one month's rent. The tenant must also have lived in the unit for at least six months, be current on rent and other charges, and have cured any other lease violations for which the tenant has received written notice. To exercise this right, the tenant should put the landlord on notice of the tenant’s intention to repair. The landlord also must fail to respond to tenant’s notice within 14 days after being notified by the tenant. (If the repair is for emergency, the tenant is not required to wait 14 days.) If the landlord disputes the necessity for the repair, the tenant must obtain a written certification from the local building or health departments that the condition violates a local or municipal housing or building code.
Rental Assistance Programs
By John Ammann and Mary Devries. John Ammann is the director of the St. Louis University School of Law Clinical Law Program, and works closely with Legal Services of Eastern Missouri, Inc. on a number of present concerns. Mary DeVries is a staff attorney with the Housing Unit of Legal Services of Eastern Missouri, Inc.
Public Housing
Public housing is rental housing owned and operated by local public housing authorities (PHAs), using subsidies from the U.S. Department of Housing and Urban Development. Residents pay 30% of their income for rent. Most housing authorities operate public housing specifically designated for senior citizens.
In many parts of the state there is an ample supply of public housing for the elderly. Seniors should apply for housing with the PHA in his or her city if the municipality has its own agency, and at the county housing authority, which may also operate public housing in areas where the person is willing to reside. Many senior citizen public housing developments provide services such as meals, transportation and social events.
Section Eight Housing Voucher Program
The federal government funds a rental subsidy program that is known as the Section 8 Housing or Rental Assistance program. This program helps low-income families and individuals pay their rent. Under the program, the housing authority pays the owner the difference between the rent tenants pay (approximately 30% of their adjusted gross income) and the market rent of the units.
Eligibility
A person may qualify for rental assistance if he or she:
1) Belongs to a family consisting of at least one other family member.
2) Is handicapped, disabled, or is 62 years old or older.
3) Lives alone and is 62 years of age or older.
4) Lives alone and is handicapped, disabled, or is forced to move by government action or natural disaster.
To qualify, total family annual income from all sources cannot exceed the amount listed for that household size for the area where the person resides. The local housing authority can let you know if you are eligible.
Family Income Limits
A family’s contribution to the rent is determined by examination of income, family size, and other factors. The local agency pays the difference between the family contribution and the total amount of rent due. Both the family and the agency make the monthly payments directly to the property owner or landlord. Under the program, the tenant pays approximately 30% of their adjusted gross income.
Example: Mr. X finds a studio apartment that rents for $300 a month, utilities included. His total income is $500 a month for Social Security. Under the Section 8 program, he must pay 30% of his income, in this case $150, toward rent and utilities. The owner will also receive a housing assistance payment of $150 on the first of every month from the local agency administering the Section 8 program.
30% of tenant’s income: $150
Housing assistance
payment paid to owner
as rent balance: $150
Total monthly rent: $300
Note: If the household is larger than four people, contact the local Section 8 program for income eligibility levels. These figures represent the highest Missouri incomes eligible for Section 8 housing. Because each county has a different income ceiling, the eligibility figures in a particular county may be lower than shown above.