Where do landlords, tenants stand now that evictions have returned?

Legal Lens

The Brown & Crouppen Legal Lens takes a closer look at everyday legal issues and gives you a better understanding of topics that may affect you.

ST. LOUIS – Eviction moratoriums have ended. What does that mean for landlords and tenants?

In Missouri, a lease does not have to be in writing. Whether it’s a written or verbal agreement, a renter and landlord have certain rights.

“For example, landlords have rights to collect rent, pursue evictions for lease issues, or seek reimbursements for damaged property; and renters have right to a safe, habitable dwelling, and right to report health and safety violations without any repercussions for reporting them,” Andrea McNairy, managing attorney at Brown & Crouppen, said.

When can a landlord pursue an eviction?

“Without any notice. If you have missed rent payments, a landlord can pursue eviction. If you’re in violation of the terms of your lease, usually they have to give you a 10-day notice of those violations and last reason they can evict is if there are illegal acts happening on the rental property and, depending on the severity of those acts, they may or may not have to give you a 10-day notice,” McNairy said.

“Depending on what kind of lease you have, there are certain notice requirements for an eviction. If you’re month-to-month, you get a 30-day notice to leave. If you have a year-to-year lease, a 60-day notice. An at-will lease (meaning oral agreement), Missouri requires a 30-day notice to vacate the premises. But if a landlord starts an eviction process, they have to file with the court and renter has to be served with process of service and they get a chance to respond in court.”

So when can a renter seek to terminate a lease?

“It depends on terms of the lease, but common ones are if there’s an early termination clause and you followed the lease, or you’re active duty military and you have been called to service, or your property is uninhabitable, or landlord harasses you,” McNairy said.

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