Housing

Legal Information About Landlord-Tenant Relations
Rental Assistance Programs

Legal Information About Landlord-Tenant Relations

By John Ammann and Mary DeVries. John Ammann is the director of St. Louis University School of Law’s Clinical Law Program, and works closely with Legal Services of Eastern Missouri, Inc. on a number of present concerns. Mary DeVries is a staff attorney with the Housing Unit of Legal Services of Eastern Missouri, Inc.

Duties

Both landlords and tenants are often not informed of the basic rights and responsibilities they have toward one another. Tenants especially suffer as a result of this situation. Some tenants pay illegally hiked rents or unknowingly agree to premature termination of their leases. Such actions hurt elderly fixed-income tenants more severely. The following are a few of the basic duties of landlords and tenants.

Some Duties of the Tenant

1. Must pay rent on time.
2. Must keep apartment clean and dispose of garbage, rubbish, etc.
3. Must not deliberately destroy or damage the structure.
4. May not take on additional occupants or sublease without permission of the landlord.
5. Must use plumbing and electrical fixtures in a reasonable way.
6. Must give written notice 30 days before the next rent is due when leaving a month-to-month (no formal lease) tenancy.
7. Must not commit or allow the illegal possession, sale or distribution of controlled substances upon the rented premises.

Some Duties of the Landlord

1. Must not turn off water, electricity or gas.
2. Must provide adequate heat in winter.
3. Must not lock tenant out or prevent tenant from entering or leaving apartment. (A landlord needs a court order to legally evict a tenant.)
4. May not raise rent during term of formal lease or without giving 30-day written notice before the next rent is due in a month-to-month tenancy.
5. Must keep apartment and public areas safe, secure, sanitary, and in substantial compliance with the housing code. If the tenant damages the apartment, the landlord may have to repair the damage and charge the tenant.

Abandonment

If the tenant abandons the dwelling unit, the landlord may have the right to enter and remove the tenant’s belongings. The landlord has the right to do this only in the situation in which the tenant is 30 days or more behind on the rent and the tenant fails to respond to the landlord’s notice to the tenant of the landlord’s belief of abandonment. The landlord’s notice must be in writing. The landlord must mail the notice to the tenant by first class mail and by certified mail. Moreover, the landlord will not be able to claim abandonment if the tenant either pays all rent due or responds in writing within 10 days of the posting of the landlord’s notice that the tenant does not intend to abandon the dwelling unit.

The tenant’s best protection from a landlord claiming abandonment is to avoid getting behind in rent. If the tenant is going to be absent from the unit while also being behind on rent, the tenant should be sure to inform the landlord in writing that he or she still intends to occupy the unit and it is not abandoned. Moreover, if the landlord does send a notice claiming abandonment, then the tenant must be sure to respond in writing and to explicitly deny the allegations of abandonment. In doing so, the tenant should date and keep a copy of any notice he or she gives to the landlord.

When the Tenant Fails To Pay Rent

If one is going to be late with the rent or will not be able to pay rent for a particular month, one should contact the landlord and let him or her know about the problem and attempt to work together on a payment arrangement. While the landlord is not obligated to accept payments of less than what was originally agreed, notifying the landlord in advance may help avoid problems.

When the tenant fails to pay the rent for any month, the landlord can sue the tenant in a rent and possession lawsuit. The tenant will receive a summons notifying him or her that a lawsuit has been filed. The summons will indicate when and where the tenant must appear in court to respond to the lawsuit. Upon receiving the summons, the tenant should contact a lawyer immediately. Do not ignore the summons. If a tenant has been properly served the summons and fails to appear in court when the case is scheduled, the landlord may obtain a judgment for rent and possession by default. 

If there is rent due and the tenant pays it, along with court costs, on or before the day of trial, the case will be dismissed. If the court decides in favor of the landlord, the court may order the tenant to pay back rent plus costs and to move out of the apartment (This is an eviction order). The sheriff may forcibly remove a tenant still in possession, usually as soon as 10 days after the eviction order. The court may also order the tenant’s wages garnished or possessions sold to satisfy a money judgment in favor of the landlord. REMEMBER: THE LANDLORD CANNOT LEGALLY EVICT OR LOCK OUT A TENANT WITH OUT A COURT ORDER.

Unlawful Detainer

If a landlord wants a tenant to move out for some reason other than non-payment of rent, the landlord may be able to force the tenant to move from the property. If there is no long-term lease, the landlord does not need a reason to end the tenancy but must give adequate notice that the tenancy is to be ended. (A month to-month tenancy requires 30-day written notice before the next rent is due.) If there is a long-term lease, it will state how much notice must be given, but by law it can be no less than 10 days’ notice. The lease will also state what things constitute sufficient reason for the landlord to terminate tenancy (i.e., tenant-caused damage to premises, pets in apartment, etc.). If the tenant does not move out when the tenancy is ended, the landlord can file an unlawful detainer lawsuit to have the tenant evicted. The tenant receives a summons, much as in a rent and possession action, and there is a court hearing or trial (DO NOT IGNORE THE SUMMONS - Contact an attorney immediately).

After a trial, the judge decides whether the landlord properly ended the tenancy. If the landlord acted properly, the court orders the tenant to move. The court may also issue a money judgment. If the tenant does not move within 10 days, or other court-ordered period of time, the landlord can have the tenant evicted, if necessary, by the sheriff. If the landlord did not properly end the tenancy, the tenant can stay in the property. PLEASE NOTE: If the tenant stays in the property after the tenancy is ended — an action called “holding over” — the landlord may be entitled to double rent for each day the tenant holds over if the landlord is successful in the unlawful detainer action.

Security Deposits

A landlord can charge no more than two months’ rent as a security deposit. After a tenant moves, the landlord can keep a deposit only in the amount of rent or other amounts owed or for costs of repair and cleaning after the tenant moves. The landlord cannot charge the tenant for repairing ordinary wear and tear upon the premises. It is a good idea to take photographs of the apartment when you move in to document the condition of the apartment and to take photographs of the apartment before one moves out to show that no damage was done to the apartment.

The landlord must allow the tenant to attend a move-out inspection and either return the full security deposit or provide a written list of the reasons that all or part of the security deposit is being withheld. This must be done within 30 days of the end of tenancy. If the landlord does not do so or wrongfully withholds any part of the security deposit, the tenant can sue and recover up to two times the amount that the landlord wrongfully withheld.

Repairs

The landlord does not always have to pay for repairs. Before a tenant does them or hires someone else to do them under assumption that the landlord will reimburse, have the landlord agree in writing to pay for the repairs. If the tenant is responsible for the damage, the landlord has no obligation to pay for the repairs.

If an apartment is found to be or suspected of being substandard (in violation of housing codes), a tenant should:

• Call the landlord and ask for repairs.
• Make a written request of the landlord for repairs.
• Call the health department or building inspector if the landlord does nothing.
• Contact a lawyer. (One may be able to withhold rent in some situations, but it would be prudent, if not essential, to obtain the advice of counsel first).

In some cases, the tenant has the right to repair and deduct from the rent the cost of the repair. The tenant has this right in cases when the defective condition is a violation of a local municipal housing or building code and the cost of the repair is less than $300, or one-half the monthly rent, whichever is greater, provided the amount may not exceed one month's rent. The tenant must also have lived in the unit for at least six months, be current on rent and other charges, and have cured any other lease violations for which the tenant has received written notice. To exercise this right, the tenant should put the landlord on notice of the tenant’s intention to repair. The landlord must then fail to respond to tenant’s notice within 14 days after being notified by the tenant (If the repair is for an emergency, the tenant must wait merely a reasonable period instead of 14 days). If the landlord disputes the necessity for the repair, the tenant must obtain a written certification from the local building or health departments that the condition violates a local or municipal housing or building code.


Rental Assistance Programs
By John Ammann and Mary Devries. John Ammann is the director of the St. Louis University School of Law Clinical Law Program, and works closely with Legal Services of Eastern Missouri, Inc. on a number of present concerns. Mary DeVries is a staff attorney with the Housing Unit of Legal Services of Eastern Missouri, Inc.

Public Housing

Public housing is rental housing owned and operated by local public housing authorities using subsidies from the U.S. Department of Housing and Urban Development (HUD). Residents pay approximately 30% of their income for rent. Most housing authorities operate public housing specifically designated for senior citizens.

Eligibility: Only low-income families, the elderly or disabled are eligible for public housing. Some housing authorities give waiting list preferences to seniors. In many parts of the state there is an ample supply of public housing for the elderly. Seniors should apply for housing with the housing authority in his or her city if the municipality has its own agency, and at the county housing authority, which may also operate public housing in areas where the person is willing to reside. If you do not qualify for public housing, the housing authority must notify you in writing, tell you its reason for denial, and give you an opportunity for an informal meeting to discuss and review the denial.

Many senior citizen public housing developments provide services such as meals, transportation and social events.

Section Eight Housing Choice Voucher

HUD funds a rental subsidy program that is known as the Section 8 voucher program. The program is administered locally by housing authorities or community action corporations.

This program helps low-income families and individuals pay their rent. Once a family obtains a Section 8 voucher, the family takes the voucher to any willing landlord. If the landlord agrees to participate in the program, the landlord will sign a contract with the housing authority. Under the program, the housing authority pays the owner the difference between the rent tenants pay (approximately 30% of their adjusted gross income) and the market rent of the units.

Eligibility: In order to apply for a Section 8 voucher you must complete an application at the housing authority. Based on your application the housing authority will determine if you are eligible. Only low income families, the elderly or disabled are eligible for vouchers.

If the housing authority determines that you are eligible, the housing authority may put your name on a waiting list if there are no available vouchers. The housing authority has discretion to open or close its waiting lists as needed. If you do not qualify for a Section 8 voucher, the housing authority must notify you in writing, tell you its reason for denial, and give you an opportunity for an informal hearing.

Project-Based Housing

Through this program, HUD provides funds to privately owned apartment owners who lower the rent they charge low-income families, elderly and disabled. The HUD rent subsidy is tied to the unit. Some units have low fixed rental amounts while the rent portion for other units changes when your income changes. Under the project-based section 8 program your rental portion is approximately 30% of your monthly adjusted gross income. The apartment owner has a contract with HUD through which HUD pays the owner the difference between the contract rent and your portion. If you move, you cannot apply the rent subsidy to a new unit.

Eligibility: In order to apply, you need to visit the management office for the apartment complex that interests you. Based on your application the owner will determine if you are eligible. If you do not qualify for project-based housing, the owner must notify you in writing, tell you its reason for denial, and give you an opportunity for a meeting to review its decision.

Low Income Housing Tax Credit (LIHTC)

The owner receives federal tax credits in return for preserving and renting a certain percentage of the apartments to low-income tenants. The amount of rent you pay is fixed and does not change just because your income changes.

Eligibility: In order to apply, you need to visit the management office for the apartment complex that interests you. The owner will determine whether you qualify for LIHTC housing. Rent increases must be approved by the Missouri Housing Development Commission (MHDC).