Missouri Tenant Self-Help Clause

State:
Multi-State
Control #:
US-OL1003
Format:
Word; 
PDF
Instant download

Description

This office lease clause is describes the self-help right that can be exercised only after a long term notice in an emergency, as well as in a non-emergency. The tenant needs to illustrate rationale and the underlying basis for a utilization of self-help as well as the reasonableness of the charges for which the tenant is seeking reimbursement.

How to fill out Tenant Self-Help Clause?

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FAQ

Only a judge can order a tenant to move. Illegal ?self-help? evictions may include the landlord changing your locks, threatening you or engaging in physical violence against you, or removing your personal property.

The landlord must provide the tenant with a 10-Day Notice to Quit that informs the tenant of their violation, and that they are about to be evicted. The notice gives the tenant 10 days to vacate the rental unit.

Section 441.645 of the Missouri Revised Statutes states that if ?a residence is destroyed by an act of God, including but not limited to fire or a tornado, or other natural disaster or man-made disaster, so long as the tenant was not the person who caused the disaster, the tenant shall not be liable to the landlord for ...

Missouri's statute on the abandonment of a leased premises, §441.065 RSMo., allows a landlord to remove the abandoned property of a tenant without liability to the tenant. However, the landlord must strictly follow the procedure of the statute.

441.050. Tenancy from year to year, how terminated. ? Either party may terminate a tenancy from year to year by giving notice, in writing, of his intention to terminate the same, not less than sixty days next before the end of the year.

A tenancy at will or by sufferance, or for less than one year, may be terminated by the person entitled to the possession by giving one month's notice, in writing, to the person in possession, requiring the person in possession to vacate the premises.

Examples of illegal "self-help" evictions include changing the locks, taking the tenant's belongings, removing the front door, or turning off the heat or electricity. Many states specify how much money a tenant can sue for if the landlord has tried to illegally evict the tenant through some sort of self-help measure.

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.

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Missouri Tenant Self-Help Clause