Getting a lawyer as a tenant in Fulton is hard. Really hard.
Without legal representation, many tenants may be unaware of their rights. A free, fair-housing seminar will be sponsored by the Fulton Human Rights Commission at 6:30 p.m. Thursday at the Fulton City Hall Council Chambers. The seminar aims to educate tenants about their legal rights.
Attorney and William Woods University legal studies professor Cynthia Kramer said most people who rent property lack a single necessary element in hiring a lawyer.
"The problem is money," she said. "Landlords can pay (for a lawyer). Tenants can't."
Unlike in criminal court, where a defendant is entitled to a public defender if they are unable to afford their own attorney, a suit between a tenant and a landlord takes place in civil court, where there is no guarantee of professional legal representation, Kramer said.
"There is also no teeth in the law on the side of the tenant in Missouri," she said. "The law is not in their favor."
For example, Kramer said tenants and landlords are supposed to do walk-throughs of the property at the beginning and end of lease periods. Any damage beyond normal wear and tear is recorded and deducted from tenants' security deposits. Landlords then are supposed to send lists of the cost of damages to the tenants within 30 days, along with the remainder of the security deposit. Kramer said that often doesn't happen.
"In a huge number of cases, (landlords) don't send the list, and they keep the damage deposit," she said. "The tenant comes to me, and I write a letter to the landlord. They sometimes respond by saying 'the damages exceeded the deposit, and I want more money.'
"Under Missouri law, there is no penalty for the landlord doing that. In Ohio, a tenant can receive double the remainder of their deposit."
Kramer said while the law may not be in the tenants' favor, landlords can and do have legitimate suits.
"Landlords have a legit beef," she said. "They get stiffed, tenants trash their places and leave in the middle of the night, and they can be out a lot of money."
Penny Schroer, a broker a Mid-Missouri Property Management, said she thinks the reason most courts rule in the favor of landlords is because of laws protecting tenants.
"By the time a suit reaches court, it's usually air tight in favor of the landlord," she said. "That's because there are so many laws protecting tenants, so many chances we have to give them, that to protect ourselves we document every interaction. So when it gets to court, sometimes as long as six months later, it's pretty airtight."
The website for the Missouri Attorney General gives several tips for tenants to help avoid legal trouble with their landlords, including:
- Pay rent on time.
- Use reasonable care and don't damage property.
- Properly dispose of garbage.
- Refrain from taking on additional occupants or subleasing without the landlord's written permission.
For tenants who do everything right but still end up on the wrong side of a lawsuit, Kramer said there are organizations in the area that can get them the representation they need.
"The Samaritan Center offers legal services for free and reduced rates," she said. "Even then, it's pretty tough."
For people in need of legal representation who cannot afford a lawyer, the Samaritan Center can be reached at 573-761-5948. Mid-Missouri Legal Services also helps provide lawyers and legal council for people in similar situations and can be reached at 1-800-568-4931.