5 Interesting Facts for Tenants & Landlords

Owning a rental property has the opportunity to create a steady income. This is a popular way to increase the amount of money that comes in every month. If you currently own a rental property or are thinking about getting into the business, there are important legal facts that go hand-in-hand. Our Lake of the Ozarks law firm is here for all of your landlord needs. From contracts to evictions, Gibbons Law Firm can assist you. Take a look below to learn a little more about tenant evictions and how they can legally be accomplished.

Fact #1:
A landlord may not evict a tenant without a court order. Once the eviction process is started, a tenant will receive notice that an eviction lawsuit has been filed.

Fact #2:
Landlords are allowed to remove abandoned personal items once they have given notice and complied with these requirements.

Fact #3:
A landlord can double the amount of rent if the tenant allows another person to take over the premises without permission from the landlord.

Fact #4:
The number of occupants can be limited to two per bedroom (with the exception of a baby born during the lease period) by the landlord.

Fact #5:
The landlord is responsible for regular wear and tear, as well as damage caused by natural forces like the weather. A tenant is responsible for making repairs that are caused by their own negligence.

While many landlord-tenant relationships are successful, it does not always end up in a positive situation. Disputes do occur in the renting process.  Sometimes a dispute can be avoided if both parties are aware of their rights and duties. A brief recap can be found below:

Tenant:

Pay rent on time.

Use reasonable care and not damage property.

Properly dispose of garbage.

Refrain from taking on additional occupants or subleasing without the landlord’s written permission.

Landlord:

Make property habitable before tenants move in.

Make and pay for repairs due to ordinary wear and tear.

Refrain from turning off a tenant’s water, electricity or gas.

Provide written a notice to tenants when ownership of the property is transferred to a new landlord.

Not unlawfully discriminate.

The best way to avoid an issue in the future is for both parties to document all communication and agreements well. 

Now that you know a little more about tenant and landlord rights, you can be prepared as a landlord. If you plan to rent your property or already do, our tenant-landlord lawyer at the Lake of the Ozarks can help represent you. Whether you need to put together a solid lease agreement for future tenants or need to take legal action, Gibbons Law Firm is here for you!

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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Tips for a Positive Relationship With a Tenant

Do you own or plan to purchase rental property? This type of investment can have a positive impact on your finances with the recurring rent check coming in. It's important to strive for a positive relationship with your tenants to create the best possible situation for everyone involved. Don't forget to check your bases to promote a positive tenant - landlord relationship.

Here at Gibbons Law Firm, we have experience with tenant - landlord cases with a major focus on representing landlords who are dealing with challenging tenants. As a landlord, it's important to cover your bases when selecting your tenants and we've provided some helpful tips below to help you choose the right people to live in your rental property.

Tip #1 - Conduct a Background Check

Before moving forward with a prospective tenant, consider a thorough background check. A background screening can help you narrow down prospects based on financial and criminal history.  This can help you filter out tenants who may be more likely to cause issues. You have the legal right to conduct a background check on any potential tenant.

Tip #2 - Sign a Lease

A comprehensive lease sets the foundation for a successful landlord - tenant relationship. All expectations should be clearly outlined in the document. In addition to the basic information, don't forget to include specific uses of the property as what is and is not permitted, and who is responsible for damage and/or repairs. A legal professional can help ensure your rental contract is comprehensive and legally sound in order to best protect yourself and your property. The lease should be signed by both parties before access to the property is granted.

Tip #3 - Promote Honest & Open Communication

Communication is key, especially in regards to a tenant - landlord relationship. It is a good idea to keep a written record of all communication between both parties. If you and your tenant prefer the ease of phone call or text message communication, consider following up with an email to have the conversation in written form and easy to access, if needed. Be clear as to what method of communication works best for you, if the tenant needs to reach you for any reason. Also consider keeping your tenant in the loop about anything happening to the property. It's best to have an open and honest line of communication.

Tip #4 - Record All Payment Information

All payment activity should be documented and filed for safe keeping. This can help protect both parties, should any payment come into question. If you notice the agreed upon payment schedule is no longer being followed, reach out to the tenant to see what is happening. If a new schedule needs to be set up, don't forget to record this change with legal documentation amending the lease.

Tip #5 - Don't Jump to Eviction

Eviction of a tenant should be the last resort. If a violation of the lease occurs, first try to have a conversation with the tenant. Communicate your expectations, and clarify the consequences if the expectations are not met. Remember to document any communication that happens during this stage, as well. If it comes down to an eviction, you will want a lawyer on your side. Legal counsel can help assist you with the process to minimize risk during the eviction process.

If you have a challenging tenant, a consultation with a Lake of the Ozarks lawyer may be the right answer. It's important to effectively overcome issues with tenants and try to promote a positive relationship form the very beginning. Contact our law office at the Lake of the Ozarks to schedule your FREE consultation with our legal professional.

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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Protect Yourself From Troublesome Tenants: 5 Tips

Have you ever considered renting out your second home or vacation property? Leasing property to tenants can be a great way to supplement your income or, at the very least, cover the cost of the mortgage, utilities, and insurance on second properties. It is important to tread cautiously and cover all of your bases, however; if you aren't careful, you could subject yourself to a variety of legal hassles.

Gibbons Law Firm has a longstanding landlord-tenant practice at the Lake of the Ozarks, with significant experience representing landlords who are dealing with challenging tenants. Today, we are sharing a few simple suggestions to help landlords protect themselves from potential legal hassles. If you are currently leasing property or considering doing so, keep these points in mind.

1. Conduct A Thorough Background Screening.
The best way to avoid challenges with your tenants is screen prospective tenants to filter out applicants who may be more likely to cause trouble. As a landlord, it is completely within your rights to conduct a background check on all prospective tenants. Passing premature judgments based on superficial factors is rarely wise, but screening applicants based on their criminal and financial history may save you a great deal of grief in the long run.

2. Have Both Parties Sign A Comprehensive Lease.
A proper lease agreement is the foundation of a successful landlord-tenant relationship. Your lease agreement should clearly outline all expectations tenants are expected to meet. In addition to the basic components, (how much rent is owed, when payment is due, the duration of the lease, etc), your lease should also identify specifics such as what uses of the property are/are not permitted, who will be responsible for utilities, who will be responsible for repairing damages and malfunctioning appliances, etc. Both parties should sign this lease before the tenant receives the keys. In order to make sure your contract is comprehensive (and legally sound), you may want to consider having an attorney review your agreement before it is signed.

3. Keep A Written Record Of All Correspondence.
As you work with your tenant, it is wise to keep a written record of all communication. Since it allows for easy documentation, email is an optimum method of correspondence. Text-based communication and phone calls are sometimes preferred, however, so it is important to take steps to document correspondence that occurs via these mediums. Follow-up with an email documenting your conversation, or capture screen grabs of text messages. If your tenant fails to uphold an agreement that was formed after the lease was signed, you'll want to have documentation of this agreement.

4. Document All Payment Activity.
As a landlord, it is essential that you keep thorough documentation of your tenants' payment activity. Hopefully they will pay their rent in full and on time every month, but juggling bills can sometimes be challenging. If your tenants begin missing payments or find themselves unable to pay in full, you may negotiate a new payment schedule or consider eviction. If you decide to pursue legal action for your tenants' missed payments, you will need to have official documentation of all payment activity.

5. Consider Eviction As A Last Resort.
When your tenant violates your lease agreement or becomes problematic in another manner, your first approach should often be to simply talk with them. Communicate your expectations, and clarify the consequences they may face if they fail to meet those expectations. Be sure to document all communication that takes place. We typically recommend that eviction be reserved for a last resort, as it can be time-consuming and costly. If repeated attempts to resolve the issue are unsuccessful, however, eviction may become necessary. We recommend securing legal counsel to assist with the process to minimize your risk.

Gibbons Law Firm: Your Resource For Dealing With Challenging Tenants
If you are struggling with challenging tenants, we hope you'll consider scheduling a consultation with Gibbons Law Firm. As landlords ourselves, we have first-hand experience with some of the challenges that may arise and the strategies that may be used to effectively overcome them. Your initial consultation with our Lake of the Ozarks law firm is always free. Call 573-348-2211 to schedule yours today.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.