May 10, 2024

Tenants Rights When Landlord Sells Property in Missouri

Being a tenant comes with certain rights and responsibilities, but what happens when you decide to sell the property you are renting out? In Missouri, tenants have specific rights and protections when it comes to property sales.

Understanding these rights is crucial to ensure a smooth transition and to avoid any unnecessary disruptions when trying to sell your rental property in Missouri.

Notice Requirements for Tenants

When you decide to sell a rental property, you must follow certain notice requirements according to Missouri laws.

The specific timeframes and notice periods vary depending on the type of lease agreement in place. If you have a fixed-term lease, which has a predetermined end date, your landlord must provide you with advance notice before the lease expires. This notice period is typically outlined in your lease agreement or governed by local laws. Review your lease agreement to understand the specific notice requirements that apply to your situation.

For tenants with a month-to-month lease, the landlord must provide at least 30 days' notice before terminating the lease due to the sale of the property. This notice should inform you of the landlord's intention to sell and provide details about the termination date.

Tenant Rights Regarding Property Showings

In Missouri, there are specific laws that protect tenants from unreasonable disturbances during the selling process. Landlords must adhere to these laws when scheduling property showings.

According to Missouri laws, landlords must provide reasonable notice before entering the rental unit for showings. This notice should include the date, time, and duration of the showing. Typically, landlords must give at least 24 hours' notice, unless the tenant agrees to a shorter notice period.

Landlords must ensure that showings do not interfere with your right to peaceful enjoyment of the property. This means that showings should be conducted at reasonable hours and should not disrupt your daily routine or cause unnecessary inconvenience.

Lease Agreements and Sale of Property

Lease agreements in Missouri are legally binding contracts that outline the rights and obligations of both tenants and landlords. When a rental property is sold, the lease agreement remains in effect, and the new property owner assumes the role of the landlord. The rights and responsibilities of tenants continue as outlined in the original lease agreement.

Missouri-specific laws govern lease transfers and the new property owner's obligations. The new owner must honor the terms of your lease agreement, including rent payments, maintenance responsibilities, and any other provisions outlined in the agreement.

In some cases, lease agreements may include an early termination clause that allows the landlord to terminate the lease if the property is sold. However, this clause must be clearly stated in the agreement.

Security Deposits and Property Sale

Security deposits are a common part of renting a property, and they serve to protect landlords against any potential damages or unpaid rent.

In Missouri, the obligations regarding security deposits differ for the old and new property owners. The old property owner, or the landlord who is selling the rental property, must transfer the security deposit to the new property owner. The new property owner then becomes responsible for returning the security deposit to the tenant at the end of the tenancy, following the guidelines outlined in Missouri laws..

Tenant's Right to Remain in the Property

In Missouri, tenants have specific rights that protect them from immediate eviction due to a property sale. These rights ensure that tenants have the opportunity to remain in the property for the duration of their lease agreement.

The terms of the lease continue to be binding even after the property sale. The new property owner must honor the terms of the lease and cannot terminate the tenancy solely because the property has been sold. Review the lease agreement to understand any provisions related to the sale of the property.

If you offer a month-to-month lease or do not have a written lease agreement, the tenant is still entitled to certain protections. In Missouri, tenants without a fixed-term lease are generally considered tenants at will. They are entitled to receive advance notice of termination, typically 30 days, before they are required to leave the property due to the sale.

Notifying Tenants of the Home Sale

Landlords or property owners have a responsibility to inform tenants about the sale of the property. Adequate notice must be provided to ensure that tenants are aware of the impending changes and can make necessary arrangements. In Missouri, the content and timing of the notice provided to tenants are governed by specific laws.

The notice should include information about the sale, the anticipated date of the transfer of ownership, and any changes that may occur as a result of the sale. The timing of the notice depends on the type of lease agreement in place.

If you have a fixed-term lease, the notice should be provided prior to the expiration of the lease. For month-to-month leases or tenants without a written lease agreement, the notice should be given at least 30 days before the sale.

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

When it comes to selling a rental house, some landlords may consider a cash home sale, which involves selling the property as-is without making any repairs or renovations. But is it legal to sell a rental house with tenants for cash in Missouri?

In Missouri, landlords have the right to sell their rental properties, including selling them as-is for cash. However, certain legal considerations must be taken into account. As a landlord, you cannot simply evict your tenants to facilitate a cash home sale. Tenants have the right to continue occupancy until the end of their lease agreement, as long as they are in compliance with the terms of the lease.

If you are considering a cash home sale with tenants in place, it is crucial to review your lease agreement and understand the rights and obligations of both parties. Open communication with your tenants is important to ensure a smooth transition and to address any concerns they may have.

Sell Your House Fast in Missouri and Kansas

If you need to sell your house fast but don’t want the hassle of a traditional home sale, contact Brittco. We buy houses as-is. No repairs are needed. Avoid closing costs and realtor commissions. Close in as little as seven days. Call 913-423-8856 for a fast cash offer from our local home buyers in Missouri and Kansas.