The Law Offices of Edward A. Stump, LLC handles as clients, both Landlords and Tenants. As to Landlords they need to provide proper documentation evidencing the contract/lease, the failure to pay and the economic damages suffered. The tenant needs to show that they have not committed any lease violations or that they are not delinquent or that they have a valid reason for non-payment and there have been proper communications with their Landlord.
- Most Importantly Landlords but also tenants should as well review RSMo Statutes 534 (Unlawful Detainer) and 535 (http://revisor.mo.gov/main/OneChapter.aspx?chapter=534 http://revisor.mo.gov/main/OneChapter.aspx?chapter=535) in detail. Landlord and Tenants also need to understand how much Notice is to be provided in various situations and that a Landlord if he or she is intending on keeping any of the tenants deposit that in accordance with RSMo 535 they provide:
Within thirty days after the date of termination of the tenancy, the landlord shall:
(1) Return the full amount of the security deposit; or
(2) Furnish to the tenant a written itemized list of the damages for which the security deposit or any portion thereof is withheld, along with the balance of the security deposit
- If the landlord wrongfully withholds all or any portion of the security deposit in violation of this section, the tenant shall recover as damages twice the amount wrongfully withheld.
Tenants should know their rights. Which include the (Warranty of Habitability), a good source for Tenants to review is (https://www.ago.mo.gov/docs/default-source/publications/landlord-tenantlaw.pdf?sfvrsn=4)
Call a in landlord and tenant attorney located in Kansas City, MO today.