Violations That Trigger Eviction
The biggest cause of a landlord evicting a tenant is failure to pay the rent on time. In addition, the tenant can be evicted if he damages the property more than through normal wear and tear. Also, a landlord can begin eviction proceedings if the tenant fails to dispose of garbage appropriately. The tenant can also be subject to eviction if he willingly sublets the property without having notified the landlord.
If the property changes hands, the landlord is obligated to notify the tenant in writing. Furthermore, it's incumbent on the landlord to make repairs to make the property habitable before the tenant moves in. Also, the landlord cannot discriminate in any way against any prospective or current tenant. For example, the landlord must refrain from charging higher rents to discriminate against people because of such things as their nationality, color or sexual orientation. Any of these infractions will bar him from evicting the tenant.
Missouri law says a tenant cannot be charged more than 2 month's rent as a security deposit. When the lease has expired, the landlord has 30 days to account for the charges made to the security deposit, and provide the tenant with the opportunity to be at the property to have a move-out inspection within that 30-day period. As a protection of landlords, a tenant may not use the security deposit to make his last one or two rent payments. If the landlord keeps the security deposit without justification, the tenant can sue him for twice the amount that the tenant should have received, and he can't be evicted because of his actions.
Tenant Can Make Repairs
The landlord should make repairs to the property, and will be given sufficient time to make them. If he refuses to do so, the tenant can make those repairs as long as they do not exceed $300, or half a month's rent. He may do this once each year without being subject to eviction.
If the court finds that either the landlord or the tenant cannot justify their case, they will be required to pay the court costs and legal fees of the other party.
Bill Herrfeldt specializes in finance, sports and the needs of retiring people, and has been published in the national edition of "Erickson Tribune," the "Washington Post" and the "Arizona Republic." He graduated from the University of Louisville.