Legal Question in Civil Rights Law in Missouri

Re: A Bad Lease

It sounds as though your problem is two fold. First you have a bad room mate, and second, you have a bad landlord.

The bad room mate is easy to fix. Ask him/her to leave. If that doesn't work, then you leave (assuming he/she signed the lease). If you both signed the lease, then you are jointly and severally liable for any damages/back rent due on the apartment, however, so you'd need to be sure your room mate would continue through the term of the lease. If you don't trust the room mate, then see below.

For yourself, it may just be easier to sue your landlord in small claims court. Missouri courts recognize the doctrine of warranty of habitability and constructive eviction. An actual eviction occurs when someone throws you out of your apartment (normally by using the courts). Constructive eviction occurs when a landlord fails to make repairs that substantially impair the value of the apartment. Lets suppose you're paying $500 a month and you have this giant hole in your wall and the non-working oven. Send a letter by certified mail to the landlord giving him/her 10 days to fix the problem. If they do not, tell them you're concluding that they are terminating the lease by their conduct and that you will move out if the repairs are not made within 10 days. If the repairs do not happen, then you don't actually move, you sue in Small Claims Court. If your actual rent was $500 a month, you could sue your landlord for money damages of $300 a month for the entire time you've been without the oven and had the hole in the wall.

Your landlord (or more likely his insurer) will see to it that the lease is voided and you are permitted to move on. In that situation, who cares what happens to your filthy room mate.

Hope this helps.