In Missouri, a landlord can only terminate a lease during the lease term if the tenant breaches the lease agreement. Acceptable reasons can include not paying rent on time, violating the terms of the lease, or causing damage to the property. Missouri law requires landlords to provide a written notice to the tenant, specifying the reason for termination. The notice must give the tenant a reasonable time, usually 30 days, to remedy the breach. If the tenant fails to do so, the landlord can move to evict the tenant.
Landlord’s Right to Terminate Lease Early
In general, a landlord cannot break a lease in Missouri unless there is a breach of the lease by the tenant. However, there are exceptions to this rule.
When a Landlord Can Terminate a Lease Early
- Non-Payment of Rent: If the tenant fails to pay rent on time, the landlord can terminate the lease based on the grace period and late fees outlined in the lease agreement, usually after a certain number of days.
- Lease Violation: If the tenant violates any other term of the lease, such as causing damage to the property or engaging in illegal activity, the landlord can terminate the lease. In such cases, landlords are required to follow specific procedures outlined in the lease and Missouri law.
- Condemnation: If the property is condemned by the government, the landlord can terminate the lease.
- Sale of the Property: In some cases, a landlord can terminate a lease if they sell the property. However, the new owner is typically required to honor the lease.
Landlord’s Duties When Terminating a Lease Early
- Provide Notice: The landlord must provide the tenant with written notice of termination, and they must follow the notice requirements outlined in the lease agreement and Missouri law.
- Return Security Deposit: The landlord must return the tenant’s security deposit within a certain amount of time after the lease is terminated, minus any deductions for unpaid rent or damages.
- Allow the Tenant to Move Out: The landlord must allow the tenant a reasonable amount of time to move out of the property.
Tenant’s Rights When a Lease is Terminated Early
- Contest the Termination: The tenant can contest the termination of the lease by filing a lawsuit against the landlord.
- Seek Damages: The tenant may be able to recover damages from the landlord if the lease is terminated without cause.
Conclusion
Landlords in Missouri have the right to terminate a lease early in certain limited circumstances. However, they must follow the proper procedures and provide the tenant with notice. Tenants who are facing eviction should contact an attorney to discuss their rights.
Grounds for Lease Termination by Landlord
In Missouri, there are specific grounds that allow a landlord to terminate a lease agreement before the end of the lease term. These grounds are outlined in the Missouri Landlord and Tenant Act and include:
- Non-Payment of Rent. If the tenant fails to pay rent when it is due, the landlord can terminate the lease after providing a written notice to the tenant. The notice must state the amount of rent due, the date it was due, and the date by which the rent must be paid to avoid termination of the lease.
- Violation of Lease Terms. If the tenant violates any of the terms of the lease agreement, such as causing damage to the property, engaging in illegal activities, or disturbing other tenants, the landlord can terminate the lease after providing a written notice to the tenant. The notice must state the specific violation(s) and the date by which the tenant must cure the violation(s) to avoid termination of the lease.
- Abandonment of the Property. If the tenant abandons the property without notice to the landlord, the landlord can terminate the lease after taking reasonable steps to locate the tenant. Abandonment is defined as the tenant’s voluntary and intentional relinquishment of possession and control of the property without the landlord’s consent.
- Condemnation of the Property. If the property is condemned by a government agency for public use, the landlord can terminate the lease. The landlord must provide the tenant with a written notice of the condemnation and the date by which the tenant must vacate the property.
| Ground for Termination | Required Notice |
|---|---|
| Non-payment of rent | Written notice stating the amount of rent due, the date it was due, and the date by which the rent must be paid to avoid termination of the lease. |
| Violation of lease terms | Written notice stating the specific violation(s) and the date by which the tenant must cure the violation(s) to avoid termination of the lease. |
| Abandonment of the property | Reasonable steps to locate the tenant. |
| Condemnation of the property | Written notice of the condemnation and the date by which the tenant must vacate the property. |
It is important to note that the grounds for lease termination listed above are not exhaustive. There may be other circumstances that allow a landlord to terminate a lease agreement, depending on the specific terms of the lease and the facts of the case.
Procedure
Tenant’s Rights When a Landlord Breaks a Lease
Leases are legally binding contracts between landlords and tenants for renting out property. Both parties are obligated to fulfill their respective obligations as stated in the lease agreement. However, there could be situations where a landlord breaks the lease. In such cases, the tenant has specific rights and remedies available to them.
Landlord’s Obligations
- Maintain the Rental Property: The landlord is responsible for maintaining the rental unit in a habitable condition, ensuring that it’s safe and sanitary. This includes repairs, pest control, and ensuring the property meets health and safety codes.
- Quiet Enjoyment: Tenants have the right to quietly enjoy their rented premises without unreasonable interference from the landlord or other tenants.
- Privacy: Landlords are required to respect the tenant’s right to privacy, providing reasonable notice before entering the rental unit.
- Compliance with Lease Terms: Landlords must adhere to the terms and conditions outlined in the lease agreement, such as rent amount, security deposit, and lease duration.
Tenant’s Rights in Case of Lease Violation
- Seek Legal Advice: If a tenant believes that their landlord has violated the lease agreement, they should seek legal advice from an attorney specializing in landlord-tenant law.
- Withhold Rent: In some states, tenants may have the right to withhold rent if the landlord fails to maintain the property in a habitable condition. However, this should only be done after consulting with an attorney to ensure compliance with state laws.
- File a Complaint: Tenants can file a complaint with local housing authorities or file a lawsuit against the landlord for breach of lease. This may result in the termination of the lease and/or compensation for damages incurred.
- Move Out: If the landlord’s breach of lease makes the rental unit uninhabitable, tenants may have the right to terminate the lease and move out. However, they should notify the landlord in writing and provide a reasonable time to remedy the situation before moving out.
| Violation | Tenant’s Rights |
|---|---|
| Unlawful Entry | Seek legal advice, file a complaint, withhold rent (in some states) |
| Failure to Maintain Property | Request repairs, withhold rent (in some states), file a complaint |
| Interference with Quiet Enjoyment | Seek legal advice, file a complaint |
| Improper Notice to Enter | Seek legal advice, file a complaint |
| Lease Term Violation | Seek legal advice, file a complaint |
It is important for tenants to understand their rights and responsibilities as outlined in their lease agreement. If a landlord breaches the lease, tenants should take prompt action to protect their rights. Consulting with an attorney can provide valuable guidance and support in navigating such situations.
Thanks for reading! Hopefully, this article has shed some light on the ins and outs of lease termination in Missouri. Landlord-tenant laws vary state to state, so it’s important to do your research if you’re considering breaking a lease. But whether you’re a landlord or a tenant, remember that communication is always key. Many lease disputes can be resolved by simply talking things out, and a little understanding can go a long way toward preserving a positive relationship. If you have any further questions or would like to learn more about Missouri landlord tenant law, check out our website. We’ll be adding new articles and updates regularly, so be sure to stop back and visit again soon.