Missouri Landlord And Tenant Legal Questions

No attorney can interpret the terms of a contract without reading it in its entirety. That said, none of the provisions you mentioned are illegal or unenforceable. Those are all fairly standard clauses. The only one that is an issue is the attorney fees clause but the courts only enforce it if the landlord prevails. Their inclusion in your lease is not a basis for terminating the lease.... Read More

Every apartment is bound to an "implied warranty of habitability". This means that the apartment must be clear of defects severe enough as to make inhabitation of the space dangerous or impossible. A leak in the cabinets could cause mold which is dangerous to your health. The Landlord is responsible for making these repairs in a timely fashion or providing you with a suitable substitute. Since you have already spoken to the Landlord and they have agreed to let you move I would suggest talking to them again and setting up a date for that move. Due to the fact that your Lease is up at the end of the month they may ask you to sign a new lease.  In the event that you stick it out to the end of the lease and then find a new apartment you may want to consider asking for a refund of your last months rent as you were living in an uninhabitable space. I doubt that you will be able to make any headway on this without engaging a lawyer, but it's worth a shot. If you would like to take action on it then you likely will be best served by making a claim in small claims court. There you can represent yourself without a lawyer and will have minimal filing fees. You should list your damages as being the rent for any months that you were affected by the situation, any repair, medical, or other costs related to the damage. If you are being forced out due to the damage, you can also include the cost of searching for a new place to live. ... Read More

You need to talk to an attorney. You may be constructively evicted from the premises but you still cannot refuse to pay the rent. You need to escrow the rent with a third party. If your municipality is subject to building codes, I always tell the client to call and have the premises inspected. The building inspector can write up the violations and your attorney can use the violations against the owner. Take pictures of the standing water to prove it to the judge if you ever have to go to court.... Read More

The answer to this question very much depends on the language of the lease, which should be reviewed by an attorney for potential violations. In the likely event that there is no liability under the lease, a sternly worded letter from an attorney outlining the common law principles of "warranty of habitability" and "quiet enjoyment" that allow for a tenant to break a lease under certain circumstances should do the trick. This is a very fact-specific pattern that requires further review - and none of the guidance here constitutes representation in the matter by our firm.... Read More

This is a complex matter and I can give you a detailed consultation on your query however I cannot get involved in giving you a legal opinion in this forum and for free. In fact, you really should retain counsel to represent you in this proceeding. If you are so inclined to retain professional legal representation give us a call.... Read More