Chapter 25 Landlord Tenant Law
Ran Cai, Marta Tlalka, Carmen McGee, Sally Yang, Tommy Lee, April Noel
Young, Ivy Pierce, Bryce Jones—Edited by Nic Schworer & Shelby Pieper
Landlord tenant law regulates the relationship between the landlord ( lessor) and a tenant
(lessee). Some states have adopted the provisions of Uniform Residential Landlord and Tenant
Act (URLA) as their main guidance regarding the responsibilities and rights of both the landlord
and the tenant, these states include Alaska, Arizona, Florida, Hawaii, Iowa, Kansas,
Kentucky, Montana, Nebraska, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee,
Virginia. However, in other states the relationship is subject to state statutes and local
ordinances, codes, and case law. The most important aspects of landlord tenant law include nonfreehold interests, types of tenancies, landlord warranties, repairs, subleases and security
deposits.
I. Non-freehold Interests (Leasing/Renting)
A person can have two types of interests in a real property: freehold and non-freehold,
latter known as leasehold. Freehold interest occurs when a buyer is purchasing property. The
buyer is the owner and he has exclusive rights to the property. Freehold interest can be passed
on as inheritance.
Lease and rent agreements create a non-freehold interest in the property. The nonfreehold interest entitles the tenant to the possession of the property for a specific period of time
that the landlord and the tenant agreed. The tenant buys, usually by paying rent, the right to use
the property for a period of time. At the end of the lease agreement the property reverts back to
the landlord. The non-freehold interest in a property is not inheritable.
II. Types Of Tenancies
Four types of tenancies result from a lease agreement. They are determined by the
duration of the tenant’s rights in the property. These four types of tenancy are tenancy for years,
tenancy from year to year, tenancy at will, and tenancy at sufferance.
A. Tenancy For Years
Under a tenancy for years lease, there is an arrangement between the landlord and the
tenant stating that the property is leased or rented for a specific period of time. Tenancy for
years must have a definite beginning and a definite ending. It actually can be less than a year
(for example, 2 weeks).
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For example: the landlord leases a commercial warehouse to tenant from January 1,
2007 to January 1, 2010, a period of three years. During the three-year period, the
tenant has the right to possess the warehouse and he gets all the benefits resulting
from conducting business on the property.
During the leasing period, the tenant is required to pay rent according to the terms of the
rental agreement. The tenant also has the responsibility to keep the rental property clean and to
properly dispose trash. The tenant should not deliberately or negligently allow damages to the
property.
If the tenant dies during the leasing term, the remainder of the term will pass to the
tenant’s personal representative according to a will or to the laws of descent and distribution,
because the tenant has the right to possess the property during this term.
B. Tenancy From Period To Period
Tenancy from period to period has an indefinite duration. A tenancy is valid until one
of the parties gives notice of termination. Either party in the previous example is able to
terminate the tenancy by providing a notice of at least one month (for a full pay period) in
advance.
For example, a tenant leases a unit in an apartment complex and agrees that rent of
$1,000 per month, will be paid before the ninth day of each month. Then the tenant
might possess the property for an undefined period as long as he pays rent each
month before the ninth. This tenancy is also called tenancy from month to month.
C. Tenancy At Will
The arrangement of tenancy at will implies that the tenant occupies property with the
permission of the landlord for an unspecified period of time, usually for free. This type of
tenancy happens “at the will” of both parties. The notice of termination can be given by either
the landlord or the tenant at any time. However, there may be some statutory requirements for
the landlord to give notice before terminating the lease even though the lease is at will. This type
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of tenancy is common if the tenant does not pay rent in any specific intervals. Tenancy at will is
not assignable to other parties.
D. Tenancy At Sufferance
A tenancy at sufferance occurs when a tenant continues to retain the occupation or
possession of the land without the landlord's permission after the expiration of lease. It ends
when the tenant is either evicted or is allowed to stay by the landlord.
The tenant at sufferance is a trespasser who has wrongful possession of the property. In
some states, the landlord may have the right to charge double rent during tenancy at sufferance.
However, if the landlord agrees to it such as by accepting rent from the tenant, tenancy at
sufferance can turn into tenancy for years or tenancy from period to period. Eviction must occur
through a court order.
III. Landlord Warranties
Whenever the landlord leases property, the landlord gives certain warranties to the tenant;
these warranties are automatic and created by law; they do not need to be included in a lease.
The warranties are the duties and responsibilities of the landlord to the tenant at the inception and
during the life of the lease.
A. Warranty Of Possession
The landlord provides a warranty to convey the possession of the premises to the tenant.
The landlord guarantees that the tenant has the exclusive right to use the property during the term
of the lease. Under this warranty, the tenant should be able to access the property at the first day
of the lease and retain possession until the termination of the lease agreement. It is the landlord’s
responsibility to make sure previous tenants have vacated the premises before the new tenant
moves in. If the previous tenants have not vacated, the landlord has the right to remove them
from the property through a court-ordered eviction. The landlord is also responsible for breach
of warranty if the tenant does not have possession of the property for the entire term of the lease.
B. Warranty Of Quiet Enjoyment
The landlord guarantees not to interfere with the tenant’s rights to use and enjoy the
property during the time of the lease. This means that the landlord cannot disturb the tenant by
entering the property without the tenant’s permission, unless there is an emergency that threatens
the property. The landlord usually must give notice to the tenant before entering the property in
a non-urgent situation.
If the landlord breaches the warranty of quiet enjoyment, the tenant can claim
constructive eviction. Constructive eviction occurs when the tenant cannot live and enjoy the
property due to the actions of the landlord. In this case, the tenant has been “constructively
evicted” because he does not have full rights and possession of the property.
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When constructive eviction occurs the tenant can either send a written notice to the
landlord allowing the landlord a reasonable amount of time to correct the situation or abandon
the property within a reasonable period of time after the breach of warranty. If the tenant leaves
the property the tenant is usually not liable for the rent due thereafter and could sue the landlord
for damages.
For example, if Marta rents property from Ran and Ran continuously enters the
property without notifying Marta, Marta can claim constructive eviction. Because Ran
violated the warranty of quiet enjoyment, she constructively evicted Marta.
C. Warranty of Habitability
Warranty of habitability forces the landlord to make sure that the leased premises are
fit for ordinary residential purposes. The warranty applies to only residential property. The
landlord has to warrant that the unit has adequate weatherproofing as well as heat, water and
electricity. In general the property has to be clean, sanitary, and structurally safe. According to
this warranty, the landlord must make the property habitable and make any necessary repairs to
maintain the property standards. The landlord is also requires to comply with the local housing
codes.
IV. Common Areas
Keeping common areas safe is the responsibility of the landlord rather than tenants.
Common areas include hallways, entryways, lobbies, stairs, elevators, yards, porches, meeting
rooms and any other rooms designated for the common use of tenants. The landlord is
responsible to keep the common areas safe and in good condition at all times during the term of
the lease.
If the landlord fails to keep the common areas safe, he or she will face the potential
financial liabilities. Even if the tenant’s injury is caused by the poor quality of the work done by
repairman hired by the landlord, the landlord is still liable. The landlord can be sued for damages
resulting from his or her personal negligence or those that he or she hires.
A landlord’s general defense in a personal-injury case is that he or she acted in a prudent
and reasonable manner. The landlord can avoid negligence charges if he or she can prove that he
or she did everything a reasonable person would do in similar circumstances. Several things the
landlord can do to avoid potential liabilities include frequent inspections of the property,
informing the tenants of any possible problems and posting proper warning signs.
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V. Difference Between Assignment Of Lease And Sublease
Both the tenant and the landlord can transfer their interest in the leased property. Transfer
of the landlord’s interest usually happens when the landlord decides to sell the leased property.
The tenant can also transfer his or her interest by either assigning the lease or subleasing,
providing there are no clauses in the lease agreement that prevent the transfer. In most states, if
lease is silent and there is no state law forbidding it, you can either assign or sublease.
1.
Assignment
In general, a lease is an assignable contract if the rights and obligations of a tenant or a
landlord under the lease can be assigned to another person.
A tenant, in this case an assignor, can transfer all rights of using the property to an
assignee. The assignee then becomes liable to the tenant for the lease. The assignment does not
relieve the assignor from his or her contractual obligation, unless specifically released by the
landlord. If the assignee does not perform the contractual duties, both the assignor and assignee
can be liable to the landlord. If the landlord releases the assignor, then only the assignee is liable
unless novation. Assignment may not always be an available option for a tenant. There may be
stipulations in a lease agreement that prevent the tenant from assigning the lease.
The landlord can also assign the lease to another entity that would then obtain the same
rights and responsibilities under the lease.
For example, if landlord decides to sell his leased property, he would assign the
remainder of the lease to the new owner. The new owner then would have the right
to collect rent as well as all other rights and obligations associated with the lease.
2. Sublease
A sublease occurs when the tenant wishes to temporarily transfer the rights of the
property to another person. Subleasing transfers some, but not all, of the tenant’s rights under
the lease. This could involve transferring some but not all of the remaining time of the lease or
transferring less than all of the space or rooms. When subleasing, the tenant contracts with
another person to allow some rights to the property. Under this new contract, the person
subleasing is liable to the tenant but has no contractual relationship with the landlord. Only the
tenant remains liable to the landlord for the lease and any problems caused by the person
subleasing. Most ads for subleases are technically assignments of the lease.
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Under Missouri law1, before subleasing or assigning a lease, for most residential leases a
tenant has to obtain permission from the landlord. The landlord approval has to be in writing.
The landlord has the right to charge the tenant double rent if the tenant does not have a written
approval from the landlord. In most states, prohibiting an assignment or a sublease does not
prohibit the other. In Missouri, you cannot do either without the landlord’s permission because of
a statute.
VI. Repairs
In general, the landlord is responsible for all major repairs.. The tenant is only
responsible if the damages are caused by the tenant beyond normal wear and tear. There are
several things that the tenant can do if the landlord refuses to conduct repairs to the property after
being notified by tenant.
Failure to make repairs may constitute a breach of implied warranty of habitability.
Therefore the tenant can sue the landlord for damages. In extreme cases the tenant may terminate
the lease. This occurs when the property becomes unsafe because of lack of repairs. The tenant
can break the lease if the breach of the warranty of habitability is severe.
In certain cases the tenant may also be able to conduct the repair and deduct the cost from
the rent. Different guidance exists under the Uniform Residential Landlord and Tenant Act and
state statutes regarding this matter.
Under the Uniform Residential Landlord and Tenant Act, the tenant2 can repair minor
defects and subtract the cost from the rent if the landlord fails to maintain premises and the
reasonable cost is less than $100, or an amount equal to one-half the periodic rent, whichever is
greater. The tenant must notify the landlord of his or her intention to correct the condition at the
landlord’s expense and give the landlord reasonable time to do the repairs before the tenant
corrects the condition.
A tenant may not repair at the landlord's expense if the condition was caused by the
deliberate or negligent act or omission of the tenant, a member of his family, or other persons
occupying the premises with the tenant’s consent.
Missouri Revised Statutes3 provide very limited situations in which tenant can subtract
cost of repairs from rent. The cost can only be subtracted only if the landlord does not make the
necessary repair after receiving the notice of violation of the city code and if all of the following
conditions are met and the tenant:
 has lived on the premised for six consecutive months,
 is not in violation of any lease agreements,
 has paid all the rent,
 has notified the landlord and allowed fourteen days for the response, and
 has a confirmation that the problem violates city housing code.
1
Missouri Revised Statutes Section 441.030
Uniform Residential Landlord and Tenant Act Section 4.103
3
Missouri Revised Statutes Section 441.234
2
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VII.
Duty To Return Deposit
A. Security deposit
Apart from collecting rent, the landlord has the right to require the tenant to make an
upfront security deposit. The rules related to security deposits may differ slightly between the
Uniform Residential Landlord and Tenant Act and other state and local laws. For example,
under the Uniform Residential Landlord and Tenant Act4 the deposit cannot exceed the amount
of one month rent while according to Missouri Statutes,5 the landlord can require up to the
equivalent of two months’ rent as a security deposit.
B.
Return Of Deposit
The landlord has the duty to return the deposit when the lease is terminated unless the
tenant did not pay all the rent or there is damage to the property that is beyond the normal wear
and tear. The damages considered beyond normal wear and tear can include but is not limited to
anything that goes beyond just a regular use of the property.
The landlord can also withhold the deposit to compensate loses related to other
contractual breach by the tenant.
When returning the deposit to the tenant, the landlord has to provide a written statement
regarding the amount of deposit and the amounts that were withheld. In Missouri, the deposit
has to be returned within 30 days after the termination of the lease. If the landlord wrongfully
withholds full or a portion of the deposit, the tenant can recover damages up to twice the amount
wrongfully withheld if the judge thinks that is justified.
For example, some minor marks on the wall and few nail holes would most likely
be considered normal wear and tear. However, large holes in the wall could be
considered significant damage to the property and the landlord may deduct the
cost of repairs from the security deposit.
4
5
Universal Residential Landlord and Tenant Act – URLTA §2.101
Missouri Revised Statutes Section 535.300
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For example, let’s assume the lease agreement states that tenant should give
notice to landlord two month before moving out. If tenant give the notice less
than two months in advance, the landlord is entitled to withhold portion of the
security deposit.
VIII. Kirksville Housing Code
The City of Kirksville does not have a specific rental inspection program for landlords
and tenants. Complaints from tenants or landlords are to be settled with inspections or contact
with the responsible party. The Building Code may force the landlord to repair properties which
are in dispute.
In Kirksville, the housing code requires the properties in the city to maintain
clean appearance. Excessive trash, high grass or weeds around the property
constitute a violation of the code as well as unlicensed vehicles and storage
of household items on the premises. Housing code also requires the
landlord to install carbon monoxide detectors in units that are supplied
with gas.
The Codes Department in Kirksville also provides tips for identifying good rental
housing. There are three top priorities and four lower priorities. The three top priorities include
window/door security and emergency exits, emergency equipment available, and adequate
electrical system. The four lower priorities include general condition, the landlord’s reputation,
past utility bills for reference, and plumbing & fixtures. The Codes Department also provides
The Smart Renter’s Checklist, which is attached below. The checklist should be a primary
source of information when dealing with rental property.
IX. 1997 Missouri Provisions
County courts are authorized to order the quick removal of tenants involved in drugrelated criminal activity or violence, even when there is no arrest. Prior written notice is not
required to remove a tenant. A landlord is guilty of forcible entry if they willfully interrupt
utility service, unless it is done for health and safety reasons. Occupancy is limited to two
persons per bedroom except for children born during the lease period.
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A. Eviction
A landlord may not evict a tenant without a court order. The landlord may begin eviction
proceedings if a tenant: damages property, fails to pay rent, violates the terms of the lease,
injures the lessor or another tenant, allows drug-related criminal activity on the premises, fails to
vacate at the end of the lease term, or gambles illegally on the property. The tenant will receive
a notice that an eviction lawsuit has been filed and will have the opportunity to be heard in court
before any eviction.
B. Discrimination
Landlords cannot refuse to sell, rent, sublease or otherwise make housing available based
on a renter’s race, color, religion, sex, disability, familial status, or national origin. Landlords
also cannot charge some individuals higher rent or falsely state that housing is not available for
discriminatory reasons.
X.
Small Claims Court
If a tenant cannot resolve financial claims with the landlord, it is possible to go to court
without hiring a lawyer. In Missouri, one can sue for up to $3000 in small claims court. At trial,
the judge largely acts as the lawyer for both sides and does much of the questioning. The judge
makes a decision without a jury. The documents used to start the process are available from a
court clerk at the county court house. The court can also help in the collection process. Decision
can be appealed to a higher court (circuit court). The appeal (unlike most appeals) is a new trial.
XI.
Other Tips for Renters

Check with former and current tenants to find out about the landlord.
o Ex: How well they respond when things must be fixed. Or if they are flexible
if you are a couple days late on rent, etc.

Go through apartment with the landlord and look for problems so that you will not be
blamed for them later. Sign the list with your landlord.
o Ex: Any dents/holes in walls, stains, structural damage, etc.
o Take pictures of any problems for proof you did not create them before
signing lease.
Landlords and tenants should become familiar with the booklet which is published by the
Missouri Attorney General titled Missouri’s Landlord-Tenant Law; this 20 page booklet, found
at http://ago.mo.gov/publications/landlordtenant.htm, contains information on the rights and
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responsibilities of landlords and tenants. The following is an excerpt from Missouri’s Landlord
Tenant Law.
Duties for Tenants:
 Pay rent on time
 Use reasonable care and not damage property
 Properly dispose of garbage
 Refrain from taking additional occupants or subleasing without the landlord’s
written permission
Duties for Landlords:
 Make property habitable before tenants move in
 Make and pay for repairs due to ordinary wear and tear
 Refrain from turning off a tenant’s water, electricity or gas
 Provide written notice to tenants when ownership of the property is transferred to
a new landlord
 Not unlawfully discriminate
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References
Kirksville Housing Code. Accessed < http://www.kirksvillecity.com/content/72/156/208/default.aspx> on
March 20, 2009.
Missouri Revised Statutes. Accessed < http://www.moga.mo.gov/statutesearch/ > on March 18, 2009.
Strauss, Steven D. Landlord and Tenant. W.W Norton & Company, 1998.
Universal Residential Landlord and Tenant Act. Accessed
<http://www.law.upenn.edu/bll/archives/ulc/fnact99/1970s/urlta72.htm> on March 18, 2009.
The Office of Missouri Attorney General. Missouri’s Landlord-Tenant Law. The rights and
responsibilities of landlord and tenant. December 2008. Accessed
<http://ago.mo.gov/publications/landlordtenant.pdf> on March 18, 2009.
Uniform Residential Landlord & Tenant Act. Accessed
<http://www.lectlaw.com/files/lat03.htm> on October 25, 2009
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