Individuals and families renting residential properties have numerous protections under Missouri state law. For example, the law limits how landlords handle security deposits. The law also imposes many obligations on landlords, including a responsibility to maintain safe and clean facilities. They may also need to make certain disclosures to tenants and prospective tenants. Landlords often need to provide written information to tenants about certain matters.
What information do landlords typically need to disclose to their tenants to protect themselves from legal exposure?
Information about the unit
There are certain details that landlords have an obligation to provide to their tenants before they sign a lease. For example, in older buildings, lead disclosures are typically necessary. If there may be lead paint in the windows or under the most recent layer of paint at a property, then tenants must know about that situation. Generally speaking, lead disclosures are necessary for any property erected before 1978.
Landlords may also have to provide information about previous or ongoing criminal activity involving current or former tenants. Someone renting a unit previously occupied by a criminal could face criminal activity themselves if others target that location without realizing there is a new tenant. Finally, the law requires that landlords disclose methamphetamine contamination if they are aware that a previous tenant consumed or manufactured methamphetamine at the property.
Maintenance and inspection disclosures
Typically, landlords should notify potential tenants about any issues with a property that are not readily apparent. For example, a unit advertised as having central air conditioning may have a non-functioning unit. Landlords generally have to inform tenants of system issues that could compromise their comfort or health while living at the property.
Technically, the law does not require that landlords provide advance notice if they need to repair or inspect individual rental units. However, best practices require 24-hour notice unless it is an emergency. Disclosing the intent to access the property in the near future can help tenants take steps to be elsewhere at that time or secure valuables that they don’t want workmen to access.
There may be other disclosures needed depending on the situation. Landlords who fail to make appropriate disclosures may open themselves up to legal liability and complications in the future. Reviewing property conditions and current leasing documents with a professional who understands real estate law can help reduce the risk involved in renting to a new tenant.