Legal Question in Landlord & Tenant Law in Missouri

I started renting a split-level home for $750 three months ago. When I moved in the downstairs (finished basement) was not finished. The landlord told me it would be done in no more than 2 weeks. More than 2 months later he finally installed carpet and the downstairs bathroom and sink. He hasn't put trim around the floors or doors and one of the bedrooms downstairs does not have a vent for heating or cooling.

But...now the basement is leaking. We called the landlord and he sent out a group of guys. They pumped over 200 gallons of water out. After this, myself and the workers as water slowly leaked through the wall and started to fill the downstairs bathroom AGAIN! The furniture downstairs has sat in this water and the guys put 2 huge fans and a humidifier that has run for the last 3 days. I don't even want to see what my electic bill will look like. Can I just move now? Since my rent is due tomorrow, I would really like to just stay here until the end of the month, clean the place top to bottom, and move. My lease does state that my deposit (750) cannot be used as the last month's rent. What can I do?


Asked on 11/01/09, 5:03 pm

1 Answer from Attorneys
Sean Santoro Santoro Law Office

A residential lease has the implied covenant of peaceful use and possession. If the landlord fails to provide this, you can file a petition in the circuit court asking the court to declare the lease null and void due to the landlord's failure to provide the living space you contracted for. This can either be easy (the landlord agrees) or hard (the landlord sues for rent and possession). I prefer my clients not have their credit histories ruined by vindictive landlords. I suggest you either negotiate with the landlord or be prepared to be sued by him.

I handle many landlord/tenant cases. If you want to discuss this further, or wish me to get involved, feel free to email me at [email protected] or call me at 913 441 5025.

Sean Santoro/Santoro Law Office/Licensed in KS and MO

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Answered on 11/09/09, 11:03 am


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