Eureka, MO asked in Landlord - Tenant for Missouri

Q: Can my landlord evict me for a “messy” house? I have a 12 month lease.

Myself, my fiancé, and daughter live in a 2 bed 1bath. My landlord came in and was screaming how my house is “filthy” and like a “landfill”. My house is cluttered with baby toys and bouncers and the floor has a tummy time mat. However there is not any health hazards like mold or mildew. Can she break our 12 month lease because of clutter? Or was the yelling perhaps to scare us?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Generally, a landlord cannot evict a tenant for having a "messy" or cluttered house, as long as the clutter does not violate the lease agreement, local health codes, or other laws. Clutter from baby items like toys, bouncers, and tummy time mats would not typically be grounds for eviction.

However, there are some situations where a landlord might have a case for eviction due to the condition of the property:

1. If the clutter is so severe that it poses a health or safety hazard, such as blocking exit paths or attracting pests.

2. If the lease agreement includes specific provisions about maintaining a certain level of cleanliness or limiting clutter, and the tenant violates these terms.

3. If the clutter is causing damage to the property.

From the information you provided, it doesn't sound like your situation meets these criteria. The landlord's yelling and threatening behavior could be an attempt to intimidate you into keeping the property more organized to their liking.

To protect yourself, document the condition of the property with photos and written descriptions. If the landlord continues to harass you or threatens eviction, consider reaching out to a local tenants' rights organization or a lawyer specializing in landlord-tenant law for advice on your specific situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.