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landlord-tenant law Archives

Understanding when a landlord can keep a security deposit

Being a rental property owner in Saint Charles offers many benefits, the chief of which is the added funds that it can contribute to one’s monthly income. Those who own such properties should also not have that difficult of a time finding tenants; according to information gathered by the Pew Research Center, 36.6 percent of U.S. households were headed by renters in 2016. Of course, renting to a tenant also brings with it the stress of whether or not they will take care of a property (and not do anything that might diminish its value). A landlord’s security against this is the security deposit. 

What squatters' rights?

While it seems like something out of a nightmare, squatters' rights are a very real concern for landlords in Missouri. In fact, you could lose property that is rightly yours to a squatter, or a person that takes up residence on your land for an extended period of time. The Balance explains how squatters' can take control of a property and what landlords can do to prevent the unthinkable from happening. 

The challenges of enforcing oral contracts

As a landlord, sometimes you may find it easier to just make an oral agreement with a new tenant. While it is true that Missouri law does recognize oral agreements to some capacity, there is added risk to using a spoken agreement over a verbal one. These risks can leave a landlord at a disadvantage if the oral contract is ever litigated by a tenant or other party.

Raising the rent on your rental property

Rental properties can often be lucrative investments (which is likely the main reason why you have chosen to manage your own in Saint Charles). Maximizing your ROI on a rental property requires charging the right amount of rent. While you do not want your rent prices to be prohibitive, you also want to charge enough to make owning and maintaining the property worth your while. This leads to the question of when you can legally raise a tenant's rent. Many come to our team here at Stephen A. Martin Attorney at Law with this same inquiry. The answer depends on the situation you are in. 

Grounds for evicting a tenant in Missouri

Missouri eviction laws heavily favor tenants, as most states' eviction laws do these days. For this reason, it is imperative that a landlord understands both is or her rights and obligations to the tenant. If a landlord acts without first pursuing state statutes or consulting with an attorney, he or she runs the risk of violating a tenant's rights and therefore, forfeiting rights to his or her property.

What is an unlawful detainer?

As a Missouri landlord, you may occasionally encounter tenants who disobey the rules and do not live up to their obligations. If the violation is serious enough, you have the right to begin the process of eviction. The process starts with a written notice that informs your tenant of the default and gives him or her a reasonable amount of time in which to fix it. Unlawful detainer refers to the act of remaining in possession of the property without fixing the default within the time allotted. In this situation, you may seek assistance from the court to remove your tenant and retake possession of your property. 

Do you need to evict a tenant?

As a landlord in Missouri, there are moments in which you may run into potential legal issues with your tenants. There might even come a time when you believe their eviction is the best possible action you could take. Stephen A. Martin, attorney at law, is here to help if you ever need to evict a tenant.

New law and bill focus on tenants, not landlords

Anyone who owns and rents residential properties in Louisiana will want to keep a close eye on any new or proposed laws that may impact their business. It is reasonable for a landlord to find ways to protect themselves financially and to ensure the proper care and condition of their properties. This is true whether they own multi-occupancy units, multiple single-family residences or just one single-family residence. 

Retirement home accused of violating landlord-tenant law

Most in Saint Charles would likely limit the extent of the landlord-tenant relationship to either businesses leasing commercial space or individuals paying for single-unit rental properties. Yet there are a number of other special business relationships that deal with residency that might also fall into this category. An unfamiliarity with these unique situations may be the reason why local property owners are so surprised to learn that legal issues that they are faced fall under landlord-tenant law. Thus, one should seek to clearly define the relationship that exists between them and their residential clients in order to be better prepared to respond to potential accusations of wrongdoing. 

Tenants and potentially dangerous dogs

Being a landlord can be tough for many reasons, as we have discussed on our blog (non-payment of rent, etc.). However, some landlords find themselves in very unique circumstances and they are completely unsure of which course of action to take. For example, you may have a tenant who has a potentially dangerous dog and you could be worried that this animal will attack someone and you will be held responsible. In some instances, landlords have been held responsible for a tenant's dog attacking someone. As a result, it is critical to go over your options and deal with this properly.

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