Legal Question in Landlord & Tenant Law in Missouri

Apartment Lease

I live in an apartment. Almost 2 months ago we noticed a leak in the ceiling of our bathroom. We contacted the manager and they sent someone to try to fix it but it never got fixed properly. They have come back more than four times to work on it. I have not been able to use my shower on a daily basis for this whole time. The ceiling looks terrible and there is plaster falling everywhere. They also got wet plaster on my bathroom rug and didn't clean it up. By the time I got home it was dry and the rug was ruined. (I do have pictures of everything) I want to get out of my lease, but they tell me that the only way I can do that is to do a lease buy out. Hasn't the lease already been broken on their part by not fixing the problem? Should I let this go to small claims court and let them decide?


Asked on 3/09/07, 11:20 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Apartment Lease

As a lessee you have the right of quiet enjoyment of your property, and that right has been breached. In addition, the warranty of habitability (which in essence is a promise by the landlord that you can use your place as a dwelling) has been breached as well. Whether these two breaches is sufficient to allow you out of the lease is a question for a court, but small claims court is one venue where you could seek relief. You can ask for damages for negligence for the injury to your personal goods, and you can ask for a proportional reduction of rent for the time you have been unable to use your bathroom. You'll need good photos to prevail on your claim, but if you make this showing there is a good chance that the landlord's insurer will not only pay you some money for your time and trouble, but convince the landlord that you should be allowed out of your lease.

Good luck

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Answered on 3/09/07, 11:28 am


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