Legal Question in Landlord & Tenant Law in Missouri

landlord\tenant

what legal recourse do i have ,in the state of missourri, when a landlord does not make repairs to the home i rent. this is also in conjunction with code violations, and basic home security ,that should be provided to a renter ?


Asked on 8/19/07, 1:21 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: landlord\tenant

You have an action for the breach of the covenant of quiet enjoyment and the warranty of habitability. Every landlord inherently warrants that property rented for residential purposes will be habitable. If a property is not habitable in terms of safety, security, or code violations, then the landlord breaches this warranty. In effect, by failing to fix the property, he is evicting you. You have the ability to sue for "constructive eviction." Your damages are the amount by which the property has diminished in value to you. So, if you pay $500 per month rent, and the property is simply not habitable, the property may only be worth $100 or $200 per month in that condition.

You should send a certified letter to the landlord notifying him of the violation of the warranty and your demand that the property be fixed.

Good luck.

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Answered on 8/20/07, 9:42 am


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