Legal Question in Real Estate Law in Missouri

Withholding rent and uninhabitable residence

I have moved into a house that has been split into apartments. When I moved in I noticed a slight pest problem. The landlord and I verbally agreed that the landlord would get rid of the pest problem. After 3 months the landlord tried 1 time to get rid of the problem. I have now told the landlord I will not pay rent until the pest problem is taken care of. The landlord said I had 3 days to pay rent and if not complied with I would be evicted and would be sued in court. My lease is for 6 months which I have payed until now. I am in the 3 month of occupancy. My question is what are my rights? Can I get my deposit back and vacate the premises with no legal action? Do I have to pay the remainder of my lease?


Asked on 12/04/99, 7:07 am

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Withholding rent and uninhabitable residence

Uninhabitability means that you cannot inhabit the premises. If the pest problem is "slight" you will lose. Pay your rent and give the landlord written notice to take care of the pest problem or you will contact a service and arrange for the pest control service to do the work and deduct the cost from your rent. This should get him going. The risk is that he will not, you will pay for the pest control and he will refuse to allow you the offset and you will have to go to small claims court to argue your case. A lot of work for a slight problem.

Another solution is to ask him to keep his word. If he refuses then call the county health department and the consumer protection agencies.

Ultimately, unless you have a witness who heard the landlord promise to take care of the problem, that it would be your word against his. Not a good foundation for a court battle. You may try to get the other tenants to "encourage" him with you. If nothing else works, plan on moving in three months.

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Answered on 12/06/99, 11:04 pm


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