A background check will show a person's history of addresses, evictions, bankruptcies, judgments and liens.
A full credit report comes with a basic background check, credit check plus criminal check. A basic background check shows a person's history of addresses, evictions and bankruptcies.
Landlords do not need the tenant or applicant's consent to run background and credit checks. Fair Credit Reporting Act § 604(a)(3)(F)
The Fair Housing Act disallows landlords from discriminating against prospective renters based on their race, color, religion, sex, *familial status, national origin or physical/mental handicap. 42 U.S.C. § 3604
*Familial status - pregnant women and families with person(s) under 18.
In addition, Missouri landlord tenant law disallows landlords from discriminating someone as a renter because of his or her ancestry.
However if the dwelling has four or less rental units and the landlord lives in one of them, then he or she won't have to follow the above Fair Housing laws. 42 U.S.C. § 3603(b)
(also known as a lease agreement or rental agreement)
Whether you're a landlord or tenant, it's important to have a written lease agreement with terms and conditions that favors you and follows your state laws.
To save time and avoid mistakes, you can customize your own lease agreement at LawDepot. This site will ask you a set of questions related to your tenancy and create a state-specific agreement based on your answers.
A verbal lease is valid for up to one month in Missouri. The landlord can raise rent or evict the tenant by giving him or her one month's notice. The tenant can also terminate a verbal lease by informing the landlord one month in advance. Handbook
Missouri landlord tenant law requires all tenancy agreements to contain the following details:
According to Missouri landlord tenant law, your lease agreement CANNOT:
According to Missouri landlord tenant law, he landlord can ask for up to two months' rent as security deposit. RSMo § 535.300.(1)
Missouri landlord tenant law requires the landlord to hold the security deposit in a trust account of a bank, credit union or depository institution (insured by a federal government agency). The landlord cannot combine security deposits with other funds.
Any interest earned by the security deposit belongs to the landlord. RSMo § 535.300.(2)
There are no Missouri landlord tenant statutes on pet deposits or non-refundable fees.
Missouri landlord tenant law requires the landlord to inform the tenant of the terms and conditions for security deposit deductions.
Valid reasons for security deposit deductions (under Missouri landlord tenant law) include:
The landlord is NOT allowed to take money from the security deposit due to damage from *normal wear and tear. *Normal wear and tear is the natural deterioration of the property (and its contents) from normal everyday use. RSMo § 535.300.(4)(2)
Once the lease terminates and the tenant returns the property, the landlord must send the tenant a list of security deposit deductions and refund any remaining deposit within 30 days. This list has to individually account for all damages and rent owed in writing. RSMo § 545.300.(3)
The landlord shall inform the tenant of his or her right to be present at the move-out inspection, and the date and time of the inspection, to determine the amount of security deposit to be withheld. RSMo § 545.300.(5)
If the landlord fails to follow Missouri landlord tenant law for deducting and returning security deposit, the tenant can recover up to two times the amount of security deposit. RSMo § 545.300.(6)
Kansas City, Missouri MO
The tenant has to pay the rent without demand or reminders. As long as the landlord and tenant are agreeable, they can choose the time, place and method of rent payment.
The landlord and tenant have to agree on the terms and conditions for rent payment in writing before the tenancy begins.
By default, rent is payable once the tenancy begins and shall be paid on the same day of every month. Rent is to be collected at the rental property.
There are no Missouri landlord tenant statutes on imposing charges for late rent payments.
There are no specific Missouri landlord tenant statutes on raising rent.
The Missouri Landlord Tenant Act requires the landlord to maintain the property in a safe and habitable condition:
Missouri landlord tenant law also requires the tenant to keep the property in a clean and safe condition:
If the landlord fails to maintain the property, the tenant can make repairs and deduct the cost from rent if ALL of the following conditions are met:
The repairs cost should be less than half month's rent and the tenant has to keep all repair bills and receipts. Handbook
There are no Missouri landlord tenant statutes on when and how the landlord can enter the property.
Missouri landlord tenant law disallows subletting unless the landlord agrees to it in writing. RSMo § 441.030
The landlord is allowed to double the rent amount if the tenant transfers the lease to another person without the landlord's permission. Handbook
Saint Louis, Missouri MO
Missouri landlord tenant law requires you to give the other party a written notice to quit before terminating a tenancy. How long in advance you have to give this notice depends on the type of tenancy. RSMo § 441.060, RSMo § 441.050
Tenancy at will
Tenancy at sufferance
Tenancy of less than one year
Month to month tenancy
Year to year tenancy
If you are the tenant, the following are the minimum number of days for giving your landlord a notice to quit:
Tenant is deployed in the armed forces
Property damage due to fire, disaster or unavoidable accident
Missouri tenant law allows a member of the armed forces to terminate the tenancy agreement if ONE of the following conditions is met [Handbook]:
In this case, the tenant may terminate the rental agreement by giving the landlord with a written 15 days notice to quit. The landlord shall return the security deposit (after any deductions) to the tenant.
If the property is badly damaged by fire, disasters or unavoidable accidents, the tenant shall not have to pay rent for the remainder of the lease (as long as he or she isn't responsible for the damage)
According to Missouri landlord tenant law, the following are valid reasons for evicting tenants and the minimum number of days for giving them a notice to quit:
Tenant did not pay rent
Tenant violated tenancy agreement or didn't perform duties
Tenant allowed illegal activities on property
Tenant sublet or assigned property without landlord's permission
Whether you are a landlord evicting someone or a tenant facing eviction, it's important that you handle matters correctly according to your state laws.
If you have any questions or doubts on eviction, you can ask a local landlord tenant lawyer online.
If the tenant did not pay rent on time, landlord can send the tenant a written notice to terminate the tenancy immediately. RSMo § 535.010
If the tenant violates the lease agreement, the landlord can send the tenant a written ten day notice to vacate the premises. This notice has to state that the tenant has ten days to move out or the landlord shall file an eviction lawsuit with the court.
The landlord doesn't have to give the tenant a chance to fix the violation(s) so that he or she can continue staying on the property.
After proving that the tenant allowed illegal activity on the property, the landlord can evict the tenant by sending the tenant a written 10 day notice to vacate premises.
Examples of illegal activities include prostitution, illegal gambling and illegal production or sale of controlled substances. RSMo § 441.020
After 10 days, the landlord may enter the property and take possession of it. RSMo § 441.040
According to the Missouri Landlord Tenant Act, the tenant will need the landlord's written permission to sublet or assign the property UNLESS the lease term is longer than two years. If the tenant fails to follow Missouri landlord tenant law for subletting or assignment, the landlord can evict the tenant by sending the tenant a written 10 day notice to vacate premises. RSMo § 441.030
After 10 days, the landlord may enter the property and take possession of it. RSMo § 441.040
According to Missouri landlord tenant statutes RSMo § 441.740, the court can order an immediate eviction of a tenant in the following situations:
According to Missouri landlord tenant law, the landlord CANNOT force the tenant to move out by shutting off utilities (electricity, water, gas, sanitation), changing the locks, taking the tenant's belongings or taking possession of the property by force without a court hearing. RSMo § 441.233
According to Missouri landlord tenant law RSMo § 441.065, the tenant has abandoned the property when ALL of the following conditions are met:
*This written notice should contain the following:
"The rent on this property has been due and unpaid for thirty consecutive days and the landlord believes that you have moved out and abandoned the property. The landlord may declare this property abandoned and remove your possessions from this unit and dispose of them unless you write to the landlord stating that you have not abandoned this unit within ten days of the landlord having both posted this notice on your door and mailing this notice to you. You should mail your statement by regular first class mail and, if you so choose, by certified mail, return receipt requested, to this address . . . . . . . . . . . (here insert landlord's name and street address)"
Missouri landlord tenant law allows the landlord can remove or dispose any belongings that the tenant has abandoned. RSMo § 441.065
If you have any questions or need legal advice, you can ask a local landlord tenant lawyer online .
