Tenants may have legal claims they can file against landlords. Some of the more common tenant claims are covered on this page. Tenant claims can be filed as:
Counterclaims in rent-and-possession evictions, expedited eviction cases and contract cases – but not in unlawful detainer evictions.
Separate lawsuits initiated by a tenant.
On this page:
Filing requirements
A counterclaim is filed in a case that a landlord has filed against a tenant, so a counterclaim will be handled in the court division in which the landlord filed the case – usually the Associate Division
However, if the tenant’s counterclaim exceeds $25,000 and the case is pending in the Associate Court Division, the case must be assigned for handling in the Circuit Court Division.
A lawsuit initiated by a tenant, depending on the amount of the tenant’s claim, can be filed in the Small Claims Division, the Associate Division or the Circuit Division.
The monetary limits are $5,000 in the Small Claims Division and $25,000 in the Associate Division. Claims over $25,000 must be filed in the Circuit Division.
See the Court System page for more information about cases handled by different divisions of Missouri courts.
Counterclaims
A tenant’s counterclaim is filed in a case initiated by the landlord – usually in the Associate Division. If the tenant is not represented by an attorney, filing a counterclaim requires submitting a paper copy of the counterclaim to the court clerk. If an attorney is representing the tenant, the attorney must electronically file the counterclaim. A counterclaim must include the same case name and case number as the landlord’s case. At the bottom the counterclaim should state how and when the counterclaim is being “served” on the landlord.
If not represented by an attorney, the tenant must serve a copy of the counterclaim on the landlord’s attorney, or the landlord if not represented by an attorney. Service can be accomplished by in-person delivery, postal mail, email or fax.
If the tenant is represented by an attorney, the attorney will take care of serving the counterclaim.
A counterclaim can be filed in the Associate Division without court permission any time before or at the time of the first court appearance. If the tenant is unable to file before or at the time of the first court appearance, the tenant must ask the court for permission to file the counterclaim later.
There is no filing fee required by the court to file a counterclaim.
Separate lawsuits initiated by tenant
If a tenant is filing a separate case against a landlord without an attorney, the tenant must write a petition stating the facts the tenant believes entitle the tenant to legal action against the landlord. The petition must include a “caption” at the top that names the tenant as the plaintiff and the landlord as the defendant.
The petition must be delivered to the court clerk along with a required filing fee. The filing fee will vary depending on the division of the court in which the tenant wants to file the case, so contact the clerk beforehand to determine the amount required.
After the case has been filed, the court clerk will assign a case number and send a summons to the sheriff for service on the landlord.
If the case is filed in the Small Claims Division or the Associate Division, the tenant must appear on the trial date or first appearance date to proceed with the case. If the tenant does not appear, the court likely will dismiss the case for “failure to prosecute.”
Common tenant claims
In general, a tenant will have a legal claim against a landlord if the landlord takes any action that violates the lease or fails to take some action required by the lease or other agreement, so the common claims discussed below should not be taken as a comprehensive list of possible claims.
A tenant can assert more than one claim against a landlord in a counterclaim or separate lawsuit. This is usually done in separate “counts” of a petition.
Violation of lease or other agreement
Any requirement in a lease for a landlord to take an action that the landlord fails to perform and the tenant sustains damage as a result can be asserted as a tenant claim against the landlord. Examples:
- The lease requires the landlord to pay for certain utilities that the landlord does not pay, and the tenant has to pay instead,
- The lease requires the landlord to mow the grass, and the tenant has to mow or pay for mowing.
Sometimes a landlord and tenant may enter into agreements separate from the lease, and the tenant will have a legal claim if the landlord violates the separate agreement. A common example is a landlord agreeing to pay the tenant for certain work and then failing to pay after the tenant has done the work.
Habitability
Missouri law provides that all leases include an implied warranty by the landlord that the rental unit is suitable for human habitation. If there are conditions that render the rental unit partially or fully uninhabitable, the tenant can pursue a counterclaim on this basis if:
- the tenant has made the landlord aware of the problem, and
- the landlord has failed to remedy the problem within a reasonable period of time.
A habitability problem reduces the rental value of the unit, so the tenant should ask the court for an award of the amount of excess rent paid to the landlord.
Recommendations:
- The tenant should document complaints to the landlord about conditions that makes the rental unit uninhabitable. This documentation will be helpful when the tenant presents the case in court.
- The tenant should document the landlord’s actions in response to complaints. Again, this will be helpful to prove the tenant’s case in court.
- If the rental unit is in the City of Columbia, the tenant should ask the Office of Housing and Neighborhood Services to inspect the rental unit for compliance with the city’s rental housing code. If the inspector finds violations of the code, this will be essential evidence to present in court. The inspector can be subpoenaed to come to court and testify about the inspection results.
Key statements to include in a counterclaim based on habitability issues are:
- I made the following habitability complaints to my landlord: [insert details of complaints].
- The landlord failed to remedy the problem(s) within a reasonable period of time.
- I paid rent from the months of _______ through _______ in the amount of $_____ a month.
- As a result of Plaintiff’s failure to make repairs to my rental unit, the value during that time period was $0.00 [or some larger amount if the rental unit was only partially uninhabitable]. Therefore, I overpaid rent for the months of _______ through _______ in the total amount of $________.
Wrongful eviction
Under Missouri law, if a landlord takes actions that force a tenant out of a rental property without a court judgment enforced by the sheriff, the tenant will have a claim against the landlord for wrongful eviction – technically known in the law as “forcible entry and detainer.”
Forcible entry and detainer is covered in Chapter 534 of the Missouri Revised Statutes.
Also, §441.233 of the Missouri Revised Statutes says that a landlord will be guilty of forcible entry and detainer under Chapter 534 if the landlord:
- Removes or excludes the tenant or the tenant’s property from a rental unit without a court order enforced by the sheriff, or causes others to do so.
- Causes the removal of the doors or locks to the rental unit.
- Interrupts or causes the interruption of essential services, including electric, gas, water or sewer service (but the landlord can do so for health or safety reasons).
A claim against the landlord for unlawful eviction should cite the statutory provisions violated by the landlord and describe the specific actions the landlord took or caused that resulted in excluding the tenant or the tenant’s property from the rental unit.
In an unlawful eviction case, the tenant will be entitled to recover any actual monetary damages the tenant sustained, and the tenant also may be entitled to recover punitive damages – see below.
“Conversion” of tenant’s property
If a landlord keeps or detains personal property owned by a tenant and refuses to return the property to the tenant, or uses or sells the property, the landlord is guilty of what the law calls “conversion.”
Conversion claims sometimes arise when a landlord has wrongully evicted the tenant but left some or all of the tenant’s property in the rental unit. In that situation, the tenant can sue the landlord for both wrongful eviction and conversion.
In a conversion case, the tenant can recover actual damages for:
- temporary loss of use of the tenant’s property if the property is later returned to the tenant, or
- the fair market value of the property as of the date the property was converted if the property is not returned to the tenant.
The tenant also may be entitled to recover punitive damages – see below.
Security deposit claims
If the landlord fails to strictly comply with Missouri’s security deposit statute, the tenant can sue the landlord for the violation(s). If the court agrees that the statute has been violated, the court will enter judgment granting the tenant twice the amount of the deposit that was wrongly withheld.
For details see the Security Deposits page.
Unlawful Discrimination
As detailed in the Unlawful Discrimination section on the Tenant Issues Overview page, federal and Missouri fair housing laws strictly prohibit discrimination based on race, color, religion, national origin, ancestry, sex (gender), disability and familial status.
Complaints of unlawful discrimination against a landlord should be filed with the federal Department of Housing and Urban Development (HUD) and/or the Missouri Commission on Human Rights (MCHR). These two agencies often work together and coordinate which agency will take the lead investigating particular complaints.
After investigation, HUD or MCHR may find that unlawful discrimination exists and order a remedy against the landlord. Sometimes HUD or MCHR will decline to order a remedy and issue a “right-to-sue” letter to the tenant. If the tenant receives a right-to-sue letter, the tenant can then pursue the discrimination complaint in court.
Punitive damages
Punitive damages may be available in some cases that tenants can file against landlords – notably, tenant claims for wrongful eviction and conversion of a tenant’s personal property.
In general, a tenant must be found to have sustained some actual monetary losses in order for the court to be able to also award punitive damages. Punitive damages are intended to punish a wrongdoer and deter similar future wrongdoing.
Relatively recent statutory changes affect how a punitive damages claim must be pursued. §510.261 of the Missouri Revised Statutes states that punitive damages can be awarded only if the claimant proves by clear and convincing evidence that the “defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others.”
The statute also imposes the following requirements for entitlement to punitive damages:
- A tenant’s initial petition filed against a landlord cannot contain a claim for punitive damages.
- An amended petition containing a claim for punitive damages may be filed only with permission of the court.
- Permission to file an amended petition claiming punitive damages must be sought by filing a motion with the court that is supported by affidavits, exhibits, or discovery materials that establish a reasonable basis for recovery of punitive damages.
- The court can allow the filing of an amended petition claiming punitive damages only if the court concludes, based on the materials submitted, that there is clear and convincing evidence that can be submitted at trial that would meet the above-quoted standard for imposing punitive damages.
- Punitive damages cannot be awarded if the plaintiff wins only nominal actual damages unless the nominal damages are awarded for violations of privacy rights, property rights or rights protected by the U.S. Constitution or Missouri Constitution.
The last requirement would allow punitive damages in a lawsuit filed by a tenant for wrongful eviction and/or conversion of a tenant’s personal property because both claims involve violations of property rights.
The statute also sets out deadlines for pre-trial punitive damage procedure. The entire statute should be carefully reviewed to ensure compliance, and the assistance of an attorney is highly recommended.
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