Tenant

Tenant's Right to Privacy

Fact Sheet for HB 991 and SB 516

Community Problem:

Tenants throughout Missouri are experiencing intrusions which violate their privacy, harassment, and continuous breaches of the covenant of quiet enjoyment.

Summary of the Bill:

Landlord may enter premises for reasonable business purposes after making a good faith effort to give the tenant reasonable notice.

A tenant may not waive, and the landlord may not require the tenant to waive, the tenant's right to prior notice.

If landlord enters the premises when the tenant is not present and prior notice has not been given, the landlord shall disclose such entry by placing a written disclosure of the entry in a conspicuous place in the premises.

If the landlord substantially violates the reasonable notice and/or the reasonable business purpose component, the tenant is entitled to the following:

A rent reduction of an amount less than or equal to the remainded of the lease.

Recovery of any security deposit less any amount retained for damages.

A civil penalty less than or equal to one hundred dollars for each violation.

Reason for the Bill:

Provides tenants protection from criminal activity.

Insures the basic right of privacy within one's own home.

Gives remedies to tenants against abusive landlords.

Gives landlords and tenants guidelines to operate.

Creates better communication between landlords and tenants.

Promotes a more professional relationship between landlords and tenants.

Status of the Bill:

The House Bill has been assigned to the Housing and Consumer Protection Committee, chaired by Representative Schilling. The Bill is set to be heard on Tuesday, March 23rd at 8:00 p.m., Hearing Room 7 at the State Capital Building in Jefferson City.

The Senate Bill has been assigned to the Insurance and Housing Committee, chaired by Senator Jacob. A hearing date for the Bill has not been set as of March 12.

Real Examples:

A South St. Louis City landlord entered the premises in order to get to the basement and shut off the tenant's utilities in a "self-help" eviction attempt.

A Northside woman resident was in the bathtub when her landlord entered the unit without notice, and entered the bathroom.

A Jennings resident was in the shower when she heard the doorbell ring repeatedly by the landlord. She refused to let him in and he decided to push the door open and he pushed her aside. After repeated sexual harassment and groping of her body, he left.

Many tenants have reported that landlords show up with prospective tenants near the end of the lease term without notice.

Thirty (30) out of 51 states (including the District of Columbia) have statutes regarding the landlord's access to rental property. Missouri is one of the twenty-one (21) states without one.

Currently, most respectable landlords already use reasonable notice as a procedure for entering a tenant's unit. This bill will simply put this common practice into law for all landlords to use.

Last modified: May 05, 1999

	Provides tenants protection from criminal activity.
	Insures the basic right of privacy within one's own home.
	Gives remedies to tenants against abusive landlords.
	Gives landlords and tenants guidelines to operate.
	Creates better communication between landlords and tenants.
	Promotes a more professional relationship between landlords and tenants.

	A South St. Louis City landlord entered the premises in order to get to the basement and shut off the tenant's utilities in a "self-help" eviction attempt.
	A Northside woman resident was in the bathtub when her landlord entered the unit without notice, and entered the bathroom.
	A Jennings resident was in the shower when she heard the doorbell ring repeatedly by the landlord. She refused to let him in and he decided to push the door open and he pushed her aside. After repeated sexual harassment and groping of her body, he left.
	Many tenants have reported that landlords show up with prospective tenants near the end of the lease term without notice.