Tenants Rights When Landlord Sells Property in Missouri

As a tenant in Missouri, you may find yourself in a situation where your landlord decides to sell the property you’re renting. This can be a stressful and uncertain time, raising questions about your rights and the security of your living situation. Understanding your rights as a tenant during a property sale is crucial to protect your interests and ensure a smooth transition.

Below, we’ll explore the various aspects of tenant rights in Missouri when a landlord sells their property. From notice requirements to lease agreements and security deposits, we’ll cover everything you need to know to navigate this situation confidently. Whether you’re in a fixed-term lease or a month-to-month agreement, this information will help you understand your rights and options under Missouri state laws.

Notice Requirements for Tenants

In Missouri, landlords are legally required to provide tenants with adequate notice when selling a rental property. According to  Missouri Revised Statutes Section 441.060, the notice requirements vary depending on the type of lease agreement you have.

For month-to-month leases, landlords must provide at least 30 days’ notice before terminating the lease due to a property sale. This notice period gives you time to find new housing and make necessary arrangements. If you’re in a fixed-term lease, the landlord generally cannot terminate your lease early solely due to a sale unless your lease agreement includes an early termination clause specifically for this situation.

Although these are the minimum requirements, local laws in some Missouri cities may provide additional protections or longer notice periods. Always check your lease agreement and local ordinances for any specific provisions related to property sales.

Tenant Rights Regarding Property Showings

When your landlord decides to sell the property, they have the right to show it to potential buyers. However, as a tenant, you also have rights regarding these showings. Missouri law requires landlords to provide reasonable notice before entering the property for showings. While the state doesn’t specify an exact timeframe, 24 hours’ notice is generally considered reasonable.

Under Missouri Revised Statutes Section 441.060, tenants have the right to quiet enjoyment of their rental property. This means that while you must allow reasonable access for showings, you’re protected against unreasonable disturbances. Showings should be conducted at reasonable times and frequencies to minimize disruption to your daily life.

Lease Agreements and Sale of Property

In Missouri, a lease agreement is legally binding and remains in effect even if the property is sold. This means that if you have a fixed-term lease, the new owner must honor the terms of your existing lease until it expires. The lease agreement is tied to the property, not the original landlord.

According to Missouri Revised Statutes Section 441.070, when a property is sold, all existing leases transfer to the new owner. The new owner steps into the shoes of the previous landlord and assumes all rights and responsibilities under the lease. This includes maintaining the property, collecting rent, and honoring any specific terms outlined in your lease agreement.

If you’re in a month-to-month lease, the new owner has the right to terminate the lease with proper notice (typically 30 days in Missouri) or propose new lease terms. However, they must still follow all applicable state and local laws regarding lease terminations and changes.

Security Deposits and Property Sale

Handling security deposits during a property sale is an important consideration for both landlords and tenants in Missouri. According to Missouri Revised Statutes Section 535.300, the original landlord is responsible for either transferring your security deposit to the new owner or returning it to you.

If the security deposit is transferred to the new owner, they become responsible for holding and eventually returning the deposit according to the terms of your lease and state law. The new owner must provide you with written notice of this transfer, including their name and address.

In Missouri, landlords (whether the original owner or the new one) must return your security deposit within 30 days of the end of your tenancy, minus any legitimate deductions. They must provide an itemized list of any deductions made. If the original landlord fails to transfer your deposit or return it to you, you may have legal recourse against them.

Tenant’s Right to Remain in the Property

As a tenant in Missouri, you have the right to remain in the property after it’s sold, at least until your lease expires. If you have a fixed-term lease, the new owner cannot evict you simply because they purchased the property. They must honor the terms of your existing lease.

Missouri law protects tenants from immediate eviction due to a rental property sale. Even if you’re on a month-to-month lease, the new owner must provide proper notice (typically 30 days) before terminating your tenancy. They cannot force you to leave the property without following the legal eviction process, which requires proper notice and a court order.

It’s important to understand that while the new owner must honor your existing lease, they are not obligated to renew it once it expires. If you’re concerned about your long-term housing situation, it may be wise to communicate with the new owner about their plans for the property.

Notifying Tenants of the Home Sale

In Missouri, while there’s no specific law requiring landlords to inform tenants about a property sale, it’s generally considered good practice to do so. Open communication can help maintain a positive landlord-tenant relationship and reduce uncertainty for tenants.

When notifying tenants about a sale, landlords should provide information about the sale process, any potential changes to property management, and reassurance about the tenants’ rights under their existing lease. While there’s no mandated content or timing for this notice in Missouri, providing it in writing and as early as possible is advisable.

Although there are no specific penalties in Missouri for failing to notify tenants about a sale, lack of communication could lead to disputes or misunderstandings. It could also potentially violate the implied covenant of good faith and fair dealing that exists in all contracts, including leases.

Is Selling a Rental House As-Is for Cash in Missouri Legal?

Selling a rental house as-is for cash in Missouri is legal, provided all tenant rights are respected. A cash home sale involves a buyer purchasing the property without financing, often leading to a quicker and simpler transaction.

For rental properties, a cash sale works similarly to a traditional sale. The main difference is the speed of the transaction and the buyer’s willingness to purchase the property in its current condition. This can be attractive to landlords looking to sell quickly without making repairs or improvements.

Landlords can legally sell a rental house with tenants for cash in Missouri, but they must still adhere to all state laws regarding tenant rights. This includes honoring existing leases, providing proper notice for property showings, and ensuring the new owner is aware of and prepared to assume all landlord responsibilities.

Sell Your House Fast in St. Louis, Missouri

If you need to sell your house fast but don’t want the hassle of a traditional home sale, contact Klamen Real Estate Buyers. We buy houses as-is. No repairs are needed. Avoid closing costs and realtor commissions. Close in as little as seven days. Call 314-907-1471 and get a fast cash offer from our local home buyers in Missouri.