Legal Question in Landlord & Tenant Law in Missouri

Landlord Entering Apartment

My fiance and I may possibly be facing litigation for our dog biting a member of the building maintanance personel. He entered the apartment when we were not there and without advance notification, nor did we request maintanence. Can he legally enter the apartment this way? Does this rely strictly upon the terms of our lease? Can we break our lease if not, and how does this bear upon the dog bite case?


Asked on 10/02/04, 1:19 am

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

Re: Landlord Entering Apartment

In a very general way, all dogs get one bite. Unless the maintenance man can prove that you knew your dog was vicous and had not taken actions to control him, it is unlikely he will prevail.

As to your lease issues, a lease gives both parties whatever rights they have, and generally a landlord cannot enter without proper notice. No notice entry is permitted in the case of an emergency (broken pipe, etc.).

It sounds like you might want to break your lease, and if you do so without just cause you may be held responsible for the remaining amount of the lease. You should probably seek a legal opinion on the terms of your lease from an attorney, or try to work out a deal with the management to allow you to leave.

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Answered on 10/04/04, 4:45 pm


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