Disputes between landlords and tenants can quickly spiral into frustration and confusion. Whether it's a disagreement over repairs, rent increases, or lease terms, it's important to know your rights and responsibilities.
At Checkett, Pauly, Bay & Morgan, LLC, we are here to help with landlord-tenant issues in Carthage, Missouri, and the surrounding areas. When you require guidance through landlord-tenant matters, our dedicated team delivers skilled legal representation you can trust.
Landlord-tenant disputes can often be avoided when both parties understand their rights and responsibilities. Let's try to understand the landlord's duties for tenant safety and property maintenance so you can make informed decisions for your situation. Here's what landlords in Missouri are legally obligated to do to keep their rental properties safe and habitable.
Landlord Responsibilities for Tenant Safety
Renting out property comes with significant responsibility, particularly when it involves creating a safe environment for tenants. If you’re a landlord or a tenant wanting to know what’s legally required for tenant safety, it starts with the "implied warranty of habitability."
This isn’t something landlords explicitly agree to in most lease agreements—it’s legally implied. This means that a landlord guarantees that the rental property will be safe and livable and meet basic health and safety standards.
Examples of Safety Obligations
In Missouri, landlords are required to provide for the safety of their tenants. A few areas where landlords are responsible for tenant safety include the following:
Locks and security: Rental units must have working locks on all doors and windows to prevent unauthorized entry. If a tenant reports a broken lock, the landlord must act promptly.
Structural integrity: Landlords must maintain a structurally sound property. That includes everything from stable flooring to roofs that don’t leak.
Fire safety: Smoke detectors are mandatory in Missouri rental properties. Fire extinguishers may also be required in certain types of rental units.
Hazards: Any health dangers, such as pests or mold, must be remedied swiftly.
Tenant safety is a legal requirement. Landlords who fail to address safety issues promptly could face penalties or lawsuits.
Landlord Repair Obligations
Repair responsibilities fall squarely on the landlord when they affect habitability. This principle is upheld by Missouri landlord-tenant laws. For instance, a broken heating system during the winter or a malfunctioning water supply both qualify as urgent issues a landlord must address.
However, tenants also play a role in reporting damages. Missouri law typically requires tenants to notify landlords of necessary repairs before legal action can be taken.
Timely Repairs Matter
Landlords are expected to resolve repairs within a reasonable time frame, usually within 14 days of being notified, depending on the urgency. Emergencies such as major plumbing issues or heating failures during the cold season must be prioritized.
What Tenants Can Do
If repair requests are ignored, tenants may have certain legal rights to hold the landlord accountable. These commonly include:
Withholding rent until repairs are made
Repairing and deducting the costs from their rent if repairs are small and urgent (though legal requirements must be followed)
Breaking the lease and moving out due to uninhabitable living conditions
Both tenants and landlords benefit when repair issues are handled quickly and communicated clearly.
Missouri Laws for Landlords and Tenants
While the laws vary slightly depending on the city or county, state statutes generally apply across the board. Here’s a closer look at what Missouri law requires:
Security deposits: Security deposits cannot exceed two months' rent; landlords must return the deposit within 30 days after a tenant moves out. The landlord can only deduct for damages exceeding normal wear and tear.
Property inspections: Missouri allows landlords to conduct reasonable inspections. However, tenants are entitled to notice before the landlord enters the property, except in emergencies.
Evictions: Evictions cannot be carried out without proper legal notice, usually 10 days for lease violations or nonpayment of rent. Self-help evictions, such as changing the locks without going through the courts, are prohibited in Missouri.
If landlords neglect their duties, tenants may have legal grounds to escalate their concerns. Similarly, landlords struggling to meet tenant demands or facing complicated legal claims can seek help to protect their rights while addressing problems properly.
Building a Community for Both Landlords and Tenants
Landlord-tenant relationships are complicated, and disputes can sometimes feel unavoidable, even when both parties try their best. Landlords must maintain rental property while juggling upkeep, tenant communication, and financial responsibilities. Tenants are entitled to a safe and comfortable living space.
At Checkett, Pauly, Bay & Morgan, LLC, we strive to advocate for fairness and transparency. Whether you’re a tenant wanting to pursue legal action or a landlord trying to understand repair and safety obligations, we provide straightforward answers and actionable guidance.
Landlord-Tenant Attorneys Serving Carthage, Missouri
At Checkett, Pauly, Bay & Morgan, LLC, we have a reputation as a dependable general practice law firm serving Carthage, Missouri, and the nearby areas. Our legal services range from estate planning and family law to bankruptcy and landlord-tenant matters. This versatility allows us to provide strategies tailored to your situation. We aim to listen to your concerns, safeguard your interests, and deliver reliable legal counsel. Contact us today to schedule a consultation.
