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Landlord-Tenant Law
Disputes between landlords and tenants are
common but may be avoided when the landlord
and renter both know the law. Missouri law:
Makes it illegal for a landlord to shut off
utilities, unless it is for health and safety
reasons.
Allows landlords to double rent if a renter
lets another person take over the premises without the landlord’s
permission.
Allows only two persons per bedroom, except for children born
during the lease period.
Allows county courts to order quick removal of renters
involved in criminal activity, even without a conviction.
Requires landlords to give 60 days’ notice before ending leases
for mobile home lots, if the lease is for less than a year.
THE LEASE
An agreement to rent for one year or more must be in writing
and signed by the tenant and landlord. It then becomes a legal
contract.
The best way to avoid later problems is to make sure the lease
you sign is clear about your responsibilities and the landlord’s.
Put in writing who has to mow the lawn, x a clogged sink or pay
the utility bills.
Before signing a lease, you should:
Read the entire lease and ask questions. Once you sign, you
cannot get out of a lease just because you didn’t understand it.
Ask the landlord to change a lease requirement if you don’t
agree with it, and make sure that change is put in writing. The
landlord has the right to refuse.
If changes are made, the landlord and tenant should put their
initials by the written change to show they both agree to it.
Before you move in, make and keep a list of any damages or
repairs that need to be made. Give a copy to the landlord and attach
a copy to your lease. This will ensure your security deposit is not
withheld to repair damage you did not do.
Some renters even videotape the property and give a copy to
the landlord.
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Home issues
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ORAL AGREEMENTS (NO LEASE)
An oral agreement is only good for one
month. A landlord can evict a tenant or raise rent
with only one month’s written notice. Likewise,
a tenant must give one month’s written notice to
end nancial obligations to a landlord.
SECURITY DEPOSIT
● A landlord cannot require
more than two months’ rent as a
security deposit.
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At the end of the lease, the
landlord has 30 days to return the
deposit. A landlord may keep all
or part of the deposit for repair of damages,
unpaid rent or lost rent because the tenant
moved without adequate notice. If damages
are claimed, the landlord must provide a list of
damages to be paid from the deposit.
A landlord must notify the tenant of the time
and date when a move-out inspection will be
done.
The tenant has the right to be present during
the inspection, which must be conducted at a
reasonable time.
A tenant may not use the security deposit to
pay for the last month’s rent.
If a landlord wrongfully withholds all or part
of a deposit, the tenant may sue to recover up
to twice the amount withheld.
REPAIRS
A lease should state which repairs are the
landlord’s responsibility and which are the
tenant’s.
The landlord should make repairs caused by
wear and tear and natural forces such as the
weather.
Tenants should pay for damages that they or a
guest cause.
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Basic lease
should include:
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Landlord’s
name, address
and phone.
● Address of
rental property.
● Amount of
monthly rent.
● Amount
of security
deposit and
conditions for
its return.
● Who is
responsible
for repairs,
utilities, bills
and upkeep
like lawn care
and snow
removal.
KNOW YOUR RIGHTS
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A tenant cannot legally withhold rent
payments until repairs are completed.
You can get evicted.
If a home becomes unsafe, the tenant
should contact local health or housing
authorities.
EVICTION
A landlord cannot evict a tenant without
a court order. The landlord may begin
eviction proceedings if a tenant:
Damages property.
Fails to pay rent.
Violates terms of the lease.
Injures the landlord or another tenant.
Allows drug-related criminal activity or gambling on the
premises.
Fails to move when the lease is up.
The tenant will receive notice if an eviction lawsuit has been
led and will have the chance to be heard in court before any
eviction.
DISCRIMINATION
Landlords cannot refuse to sell, rent, sublease, charge higher
rent or falsely state that housing is not available based on a
renter’s race, color, religion, sex, disability, national origin or
family relationships. If you believe you have been a victim of
discrimination you may contact:
Missouri Human Rights Commission:
Toll-free: 877-781-4236
Jefferson City area: 573-751-3325
St. Louis area: 314-340-7590
U.S. Department of Housing and Urban Development
Housing Discrimination Hotline: 800-669-9777
Metropolitan St. Louis Equal Housing Opportunity Council:
For residents of St. Louis city and St. Louis, St. Charles,
Franklin and Jefferson counties:
314-534-5800 or 800-555-3951
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Keep paying rent
A landlord can
legally evict a
tenant who fails
to pay rent, even
if the money is
spent on repairs.
Home
issues
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Home repair fraud
Home repair and improvement scams
are among the top complaints made to
the Attorney General’s Ofce.
Common scams, often targeting seniors:
Asphalt. Solicitors offer to use leftover asphalt from an earlier job to
repave your driveway. Workers usually start the job and then say it
will cost hundreds or thousands of dollars more to complete it. Or they
will just lay black paint and leave town with your money.
Foundation and attic work. Repairs often are worthless and
overpriced.
Free home inspections. A con artist comes to your home offering a
free evaluation to look for damage. The estimate will be bogus or the
crook may want to simply get into your home to rob you or worse.
Never trust a free inspection.
Requests for large down payments. Some con artists even offer to go
to the bank with the consumer to withdraw money.
The do’s and don’ts for avoiding scams and disputes:
Beware of any worker who:
Solicits door to door. Most con artists operate this way.
Drives an out-of-state or unmarked vehicle, especially after damaging
storms.
Has no identication or address, just a phone number.
Demands full payment before beginning the work.
Before starting home repair work:
Hire companies that are known or recommended. Check the
background of companies by calling the Attorney General’s Consumer
Protection Hotline at 800-392-8222 or your nearest Better Business
Bureau.
Check the credentials of companies. Verify their numbers and addresses
in the phone book, check for county and local permits, and ask if they
are licensed, bonded and insured.
Get at least two estimates and a third if possible, and get all of them in
writing.
Get all agreements in writing, including description of the job,
completion dates and price.
Make full payment only when the terms of the contract are met.
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DON’TS
DO’S
KNOW YOUR RIGHTS
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Solicitation issues
THIEF IN THE MAILBOX
Reaching you through the mail is another
way con artists get your money. Seniors
receive an especially heavy amount of direct
mail solicitations. A number of these may be
traps, including:
Foreign lotteries. In this scam, a letter
appears to be from a foreign lottery
claiming you have won a drawing. The crook may ask you to
send money in advance to cover taxes or processing fees, or
ask for your bank account number so your winnings can be
deposited in your account. Be aware that your money will ow
in the other direction.
Bogus cashier’s checks. Any time a stranger sends you a check
for a large amount of money, beware. This check will likely
bounce. Before you nd that out, however, you may be asked
to deposit the check and send some of the money elsewhere.
Eventually, your bank will inform you the check was no good.
Offers that look like bills. These solicitations pitching
magazines or other products will look like invoices. Many
consumers are tricked into thinking they owe the money, and
they pay.
Promotional or “live” checks. You may receive a check in the
mail for $2 or another small amount. This check will likely
obligate you to something such as credit card protection, a
magazine subscription or a new long-distance carrier.
Charitable solicitations. Make sure the charity participates in
the Attorney General’s Check A Charity program (page 12) and
follow our wise-giving suggestions.
Letters that look ofcial, urgent or are in an envelope that looks
like an important telegram. Con artists use this gimmick to get
attention or look legitimate.
Nigerian letters. You may be contacted by someone who claims
to be from another country with an oppressive government.
The con artist says he has money he can’t access, so he needs
the help of a trustworthy American to sneak it out of the
country, and he will supposedly give you a percentage of the
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ago.mo.gov
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TELEMARKETING CALLS
Missouri’s No Call law prohibits telemarketers, with some
exceptions, from calling households on the Attorney General’s No
Call list. A telemarketer violating the list faces a civil penalty of up
to $5,000 per violation. Register your home phone number for free:
ago.mo.gov or toll-free 866-NOCALL1 (866-662-2551)
Mail Preference Service lets you delete your
name from many direct mail lists. Send your
request in writing or go online:
DMA Mail Preference Service
PO Box 282
Carmel, NY 10512
www.dmachoice.org
PRE-APPROVED CREDIT CARD OFFERS
Credit bureaus allow you to “opt out” of having pre-approved
offers of credit and insurance sent to you:
888-5-OPTOUT (888-567-8688) www.optoutprescreen.com
Reduce telemarketing calls, mail, credit offers
loot. Consumers who fall for this come-on eventually are asked to pay
“earnest” money in advance. Again, your money will only be owing
in one direction.
Pyramid schemes and chain letters. These solicitations offer a “get-
rich-quick” scheme promising little work, little or no “sales” of
products, and big money when you recruit others to join the same
program. Pyramid schemes may be disguised as multilevel marketing
organizations. Beware of plans that ask new distributors to buy
expensive inventory or claim you will make money through continued
growth of your “downline.” If most of your money is made by
recruiting, rather than selling a product, this is an illegal pyramid.
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KNOW YOUR RIGHTS
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SWEEPSTAKES, CONTESTS
Deceptive sweepstakes are
common. Many mailings are
designed to make you believe you are
a grand prize winner.
You may receive an “ofcial
notication” with “congratulations,
you’re a winner” in big, bold type,
only to be followed with a disclaimer
in small print “if you have the
winning number.”
Although it is illegal to require
a purchase to enter a contest or
sweepstakes, promoters know that
if consumers are convinced they
have won a big prize they are more likely to spend money for
magazines, cheap jewelry or other merchandise. Some consumers
even lose their life savings ordering products they believe will
increase their chances of winning.
TRAVEL OFFERS
If you receive a phone call or postcard offering a free vacation,
beware. No business is in the business of giving away free
vacations to strangers.
Tips to avoid trips to nowhere
Be cautious of rms that ask you to pay before conrming
reservations. Most reputable travel agents will conrm before
payment.
Deal with an established rm. If a rm is unfamiliar, check with
relatives, friends, the Better Business Bureau or the Attorney
General’s Consumer Protection Hotline at 800-392-8222.
Don’t give out your credit card information unless you expect
to be charged.
Make sure any verbal promises are listed in the contract. Many
consumers report being told one thing in a presentation, only to
nd out it is not in their written agreement.
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Solicitation
issues
It is illegal for a
company to require a
purchase to enter a
sweepstakes or contest,
or even to suggest that
it would improve your
chances of winning.
ago.mo.gov
11
Request written information for total cost
and all items included. Any transportation,
lodging, meals or other items not specically
mentioned may not be included. “Free
vacations” often do not include meals, taxes,
deposits or other surcharges.
Ask about the right to cancel or you could end
up paying for a trip you never take. Also ask
about cancellation insurance.
Be wary of vacation offers that are “good
today only.”
TIMESHARES AND TRAVEL CLUBS
A timeshare is a property, usually in a resort
area, that a consumer may buy for a certain
length of time each year. Missouri law allows
ve days to cancel a timeshare contract.
Some consumers buy a membership in a travel
club for hundreds or thousands of dollars. This
product supposedly helps them save money on
future trips. Some consumers complain to the
Attorney General’s Ofce, however, saying they
could have found the same savings on their own
through a travel agency or the Internet. Another
risk is that your travel club could go out of
business after you have paid.
In Missouri, you have three days to cancel a
contract with a travel club.
Many travel companies will offer a free hotel
night or other bonus if you attend a 90-minute
presentation about their timeshare or travel club.
These presentations can turn into high-pressure
sales pitches that may far exceed the 90 minutes.
Remember, you are under no obligation to buy
these products during or after the presentation,
and you are free to leave after the agreed-upon
time is up.
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Don’t get taken
for a ride
Get in writing all
items included
in a vacation
package such
as lodging,
meals and
transportation.
KNOW YOUR RIGHTS
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Charitable solicitations
Most charitable organizations use
money wisely; some, however, spend
the majority of donations on salaries,
administrative costs and professional
fundraisers.
When charities call, give wisely by:
Asking how the contribution will
be spent.
Asking what percentage of your
donation will go to administrative
costs. Most consumer advocates
suggest giving to a charity that
spends at least 65 percent of its
donations on program services,
namely the cause it represents.
Consulting the Attorney General’s
Check a Charity program at
ago.mo.gov. You can nd
information such as how individual charities spend their
money.
Tips
Once a year, review potential charities and decide where your
money will go, rather than waiting for solicitors to call.
Don’t judge a charity by its name. False charities may use
names that closely resemble legitimate charities.
Don’t let callers play on your sympathy by identifying their
organization with law enforcement, reghters, veterans
groups or needy children. This can be a tactic to get your
money.
Don’t be pressured. Give only when you are comfortable with
the charity.
Don’t commit over the phone. Ask for written information.
Avoid cash donations and make checks payable to the
organization, not to an individual.
Be careful about letting solicitors into your home.
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A
CH
ARITY
C
H
E
CK
Donors who want
to find out what
percentage of
their gifts go to
the charitable
purpose and what
percentage is used
for administrative
costs can go to the
Attorney General’s
Check a Charity
Web site at
ago.mo.gov.
Solicitation
issues
ago.mo.gov
13
Door-to-door sales
Door-to-door sellers sometimes use high-pressure
or scare tactics and may misrepresent the quality
and value of products. Criminals may even pose as
salespeople to enter your home.
To avoid being a victim:
Ask for proper identication before listening to a
sales pitch or allowing a salesperson to enter your
home.
Don’t fall for the “sympathy” approach. Sellers may
say they are working their way through college or use
other lines.
Do not let yourself be hurried, intimidated or
coerced.
If you are interested in a product, get everything in
writing including price, warranty and all conditions.
Tell the salesperson you will get back to him.
Use a credit card if you buy.
State law gives you the right to cancel the contract
within three business days (excluding weekends and
legal holidays) if the seller personally solicited and
presented the contract in your home. The salesperson
must advise you of this right and acknowledge it in the
contract. If you cancel, the notice must be in writing.
The seller must return any payment or trade-in goods
within 10 days after notication of cancellation, and
must mark the contract “canceled.”
The buyer may keep any item the seller does not
request returned within 20 days of the contract’s
cancellation.
Cancellation cannot be made when:
The buyer requested the goods or services
immediately because of an emergency.
The dealer in good faith started to fulll the
agreement before receiving the cancellation.
The goods cannot be returned to the seller in
“substantially” the same condition as when received
by the buyer.
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Right to
cancel
You have
the right
to cancel
any
contract
within
three
business
days if
the seller
solicited
and
presented
the
contract
in your
home.
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