A landlord has the right to know exactly who is living on his or her property and do background checks on each of them. While a lease can be in just one person’s name, if the primary renter has roommates or a partner, the lease should include the names and contact information of all adults living there.
This creates
joint and several liability for all of the renters on the lease. That means that each is responsible, not only for their own share of responsibility but for the group. So if one roommate leaves or refuses to pay rent the other must come up with the full amount. Likewise, if there is damage to the apartment, it doesn’t matter to the landlord who did it. They will both be held liable for repairs.
St. Louis Landlords: St. Louis rental properties require a Certificate of Inspection from the Housing Conservation District that assures they are safe and meet all appropriate codes. St. Louis County has a similar permit called a Residential Rental License. Based on square footage and the number of bedrooms, part of the licensing process dictates how many people can live in a dwelling. This alone is a good reason to know exactly who will be residing there and add them to the lease.
One year leases are the most common, but any length of time is possible. A rental agreement is almost identical to a lease but for a shorter term, typically month-to-month. It’s normally assumed that a rental agreement will automatically renew each month unless either party gives notice. Leases, on the other hand, need to be renewed and re-signed again at the end of each term.
St. Louis Landlords: Although we recommend written contracts, in St. Louis, a month-to-month lease doesn’t need to be in writing. A verbal agreement can be legally binding. However, the law does allow the landlord, if they choose, to require the tenant to give 30 days’ notice before moving out.
To avoid confusion, it’s a good idea to spell out that a lease will not be automatically renewed. As the end of the lease approaches, the landlord can inform the tenant of any changes they plan to make to the new lease, such as a rent increase. This gives the tenant time to decide if they will stay and renew or move out. If there will be a change such as a new roommate, it also gives the landlord the opportunity to add their information to the lease.
The point of adding this information to the lease is to prevent surprises for both parties when the lease is up. The tenant is aware that they will need to re-sign and that the landlord might change rent or rules at that time.
The amount of rent is listed in a lease, along with the date it is due each month. Payment options should be included, for example, an address to send a check or money order, a dropbox in the building, instructions on direct deposit. If the landlord does not want rent paid in cash, it should be stated in the lease.
It is also a good idea to include information about penalties for late payment or fees for bounced checks. Laying this out in advance can give tenants the incentive to pay on time, or at least not be shocked if they’re billed for extra charges.
St. Louis Landlords: As a courtesy to tenants, many landlords offer a grace period after the rent’s due date. The rent can be paid within that time without incurring a late fee. There is no law in St. Louis requiring landlords to do this, although they can if they choose. If they decide to stick to a strict due date, outlining late fees in the lease is even more important.
A lease will detail the amount of the security deposit required to move into a rental property. Landlords can use the money if repairs or cleaning are necessary when the tenant moves out. The remainder, or all of it, is then returned to the tenant. This does not normally count the usual wear-and-tear: Things like carpet cleaning, painting, or other minor maintenance are usually expected between tenants and are not a sign that the property was abused.
Consider adding very specific language about the tenant’s rights and responsibilities with regards to the security deposit. For example, can they tell the landlord to keep it in exchange for their last month’s rent? Many landlords don’t allow this, as they won’t get reimbursed if there is property damage caused by the tenant. How long will the tenant need to wait to be reimbursed after moving out? Exactly what is considered “normal wear-and-tear” and what will require payment out of the security amount? Will the landlord produce receipts as proof of things that were fixed? Will there be a walk-through before occupying the apartment to record flaws that are present upon moving in? All of these points will let the renter know exactly what to expect.
St. Louis Landlords: A maximum of two months’ rent can be asked of tenants in St. Louis. The law also requires that the money be paid back within 30 days of the renter moving out. The landlord can’t collect “non-refundable” security deposits. They can, however, charge other one-time non-refundable fees if they apply, such as a pet cleaning fee.
A few maintenance items are found in a typical lease:
St. Louis Landlords: The laws in St. Louis say that landlords in the city must provide trash receptacles for all tenants.
Beyond that, the landlord can get as detailed as they would like in the wording of the lease. These are some things that a landlord might consider including:
The landlord can add whatever restrictions he or she wants to the lease, as long as it complies with federal, state, and local laws and codes. The point is not the rules themselves, but the fact they are in writing so there are no assumptions made by the tenant, leading them to do something against the landlord’s wishes.
Landlords must comply with HUD’s fair housing laws and any other state and local laws, but beyond that can run their property however they like. They can put rules in place, and if a tenant breaks them, they have the legal right to make them stop or face eviction. The lease gives landlords the opportunity to spell out exactly what they expect. Some things they are not permitted to do are turn off utilities or lockout a tenant, even for nonpayment of rent.
These are some policies that a landlord might add to their leases:
The landlord must approve and may limit the type of home-based businesses allowed in the rental unit. An appointment-only accountant may be fine, but they may deny drum lessons.
St. Louis Landlords: In St. Louis, a landlord doesn’t have to specifically ban illegal activity in the wording of their lease. The law allows landlords to expedite eviction proceedings if tenants are involved in the use or sale of illegal drugs, gambling, or prostitution. They can get a court order to remove the tenant in as little as ten days.
One piece of “legalese” that every lease should have in it is a severability clause. This means that if anything in a contract ends up being unenforceable or illegal, the rest of the document still stands. This protects landlords from inadvertently put something in a lease that is overruled by existing laws.
Let’s say an inexperienced St. Louis landlord’s lease requests a security deposit equal to three months’ rent. Just because the law says they’re only allowed two months’, doesn’t mean the tenant can then break any of the other rules in the lease and, for example, pay only half their rent.
Landlords need to know a lot about the rights and responsibilities that go along with renting property. Leases can get complicated with the legal wording that will protect both the landlord and tenant. If something happens that the landlord doesn’t like, there’s little that he or she can do about it if it’s not spelled out clearly in a lease.
Property management companies such as Select Leasing & Management are a practical alternative to trying to figure it out on your own. They are well-versed in St. Louis leasing laws and are experienced in writing leases for all types of rental properties.
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