California, MO asked in Real Estate Law and Landlord - Tenant for Missouri

Q: For how long can I hold my rent if the landlord is not fixing my water heater I've been asking him to fix it since april

He always said he ordered it and it will take few days months passed and still nothing this month we decided not to pay him until he fixes the heater and said he was going to evict us. He even sent a screenshot from do it best saying he ordered it and when I asked him about that receipt he said he never sent that to us and if we wanted the water heater he will buy it with the rent but we have been paying him always and he never even came to take a look, I have a two year old and I'm pregnant and we been boiling water just so we can take warm showers cold temperatures have started and I need something done I know if I pay him he won't fix it like he's been doing all this months.

1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
Answered
  • Landlord Tenant Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: Missouri has a weak statute on tenant repairs.

https://law.justia.com/codes/missouri/2014/title-xxix/chapter-441/section-441.234/

If you choose to withhold rent, the safest option is to pay it into the court. But if you haven't been sued, you'd need to initiate the lawsuit. Confer with a local landlord tenant attorney because your actions will entail risks.

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