Full question:
I live in Missouri. I signed a lease 2 weeks ago to move into the apartment today Monday the 23rd. None of the repairs to the apartment were made that needed to be made in those 2 weeks. I am supposed to take possesion of the apartment today but it is not ready to live in: had not been painted, the front door frame is broken, closet door and frame are broken, bathroom cabinet is broken, towel rod is hanging off the wall, handle to turn on the shower is laying in the tub, a hole in a bedroom wall, dishwasher is broken, and the freezer door is taped together. Did they break the lease? Do I get my deposit and first full month of rent back?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Missouri
Answer:
You may have grounds to terminate the lease due to a breach of the warranty of habitability. This warranty requires landlords to provide safe and sanitary housing that is fit for human habitation. It protects against conditions that materially affect tenants' health and safety or that deprive them of essential functions expected in a residence.
In Missouri, a landlord must deliver livable quarters at the start of the lease and maintain the premises in a habitable condition. If the apartment is not ready for occupancy due to the extensive repairs needed, it could be considered a breach of this warranty.
To prove a breach, you must show that you notified the landlord of the defects, that they had a reasonable opportunity to make repairs, and that they failed to do so. Factors that courts consider include whether the condition violates housing laws, the seriousness of the defects, their impact on safety and sanitation, how long the issues have persisted, and the age of the building.
If the landlord's failure to repair the apartment constitutes a breach, you may be entitled to recover your deposit and first month's rent. Additionally, Missouri law allows tenants to deduct repair costs from rent under certain conditions, but this typically applies after six months of lawful residence (Mo. Stat. § 441.234).
For specific legal advice, consider consulting a local attorney.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.