Awareness of rights protects student tenants

The Landlord-Tenant Law guide tells renters their rights.

By Kyle Daly

Published Feb. 2, 2009

Before dishing out that first month's rent, MU students looking to live off-campus next semester should be aware of their legal rights as tenants.

According to the Missouri Attorney General's Landlord-Tenant Law guide, disputes between landlords and tenants are common and many of them can be avoided through a better understanding of the law.

MU Legal Services Coordinator Steve Concannon said in his experience, the No. 1 dispute between student tenants and their landlords is the return of security deposits.

"In my personal opinion and experience, many landlords do their best to find every way to retain a student's security deposit," Concannon said.

According to state law, a landlord can only require a maximum of two months' rent as a security deposit. After the lease has ended, the landlord has 30 days to return the security deposit with an itemized list of damages for which any portion of the deposit is kept. The tenant has the right to sue the landlord if all or part of the security deposit is wrongfully withheld.

"Many times, they don't follow the list exactly, and they take the money," Concannon said. "They don't follow the state statute."

Concannon said there have been cases where the landlord has kept security deposit money for normal wear and tear. Missouri law says that a landlord cannot keep a deposit for this reason. They may only keep money in cases of actual damage or unpaid rent.

Concannon said the second most common dispute has to do with repairs.

According to the Landlord-Tenant Law guide, the best way to avoid this dispute is to have a written agreement that outlines which repairs are the landlord's responsibilities and which are the tenant's. Ordinary wear and tear should be taken care of by the landlord. The tenant should repair damage brought about by his or her own carelessness.

Concannon said landlords must follow the Implied Warranty of Habitability, which is a warranty implied by law that a residence must be fit and habitable for a person.

The tenant may seek legal assistance if the landlord ignores repair requests for normal wear and tear. The tenant should also contact local health and housing authorities if their safety is at risk. A tenant could be in violation of the lease and might face eviction if he or she withholds rent until repairs are made.

In some cases, it's not the tenant, but the landlord who needs their rights protected.

Sen. Jane Cunningham, R-Chesterfield, sponsored a bill that exempts landlords for loss or damage of a tenant's personal property after the tenant has been evicted from the premises.

Cunningham spokeswoman Lucy LePage said some city ordinances in Missouri do not allow a landlord to put the tenant's goods and belongings on the curb.

"Some landlords feel they don't have the right to get rid of the personal property," LePage said.

LePage said the law would ensure that landlords rightfully get back their own property.

According to the guide, there are a number of situations where a landlord can obtain a court order to evict a tenant. These include damages to property, failure to pay rent, violation of terms of the lease, gambling on the property and drug-related criminal activity.