ST. LOUIS – Now more than a week after a devastating EF-3 tornado struck St. Louis, many residents are still trying to figure out where they’ll live, both in the short-term and long-term.
For renters, one big question remains: Are you still required to pay rent on your home if it was damaged or destroyed in the tornado?
Fortunately, it appears state law offers some protections for renters dealing with this situation.
A Missouri statute last updated in 2010 offers some clarity. Under Missouri Statute 441.645, if a rental home is destroyed by a natural disaster and the tenant was not at fault, the tenant is no longer responsible for paying rent for the remainder of the lease.
Missouri Statute 441.645, which describes a natural disaster as “an act of God,” reads verbatim as the following:
“If a residence is destroyed by an act of God, including but not limited to fire or a tornado, or other natural disaster or man-made disaster, so long as the tenant was not the person who caused the disaster, the tenant shall not be liable to the landlord for rent during the remainder of the term of the lease agreement.”
In simple terms: If your rental unit is in Missouri and uninhabitable due to tornado damage, you likely do not have to pay rent moving forward.
That said, to formally terminate the lease under this provision, tenants should notify their landlord in writing, reference state statute 441.645, and state their intention to vacate due to tornado destruction.
Something else to consider: What if your property is only partially damaged rather than the statue’s condition of “destroyed”?
If the home appears to be structurally sound and deemed habitable, tenants may still be obligated to pay rent. That’s where official damage assessments come into play.
In the City of St. Louis, building inspectors have been busy in recent days, labeling homes with red, yellow or green tags.
- A red tag means to home is not safe to enter or occupy.
- A yellow tag means limited access to the home due to safety concerns.
- A green tag means the home is safe to occupy.
These designations could be important in determining whether a tenant can terminate their lease or seek relief from rent obligations.
With this in mind, renters can help their own cause by taking photos, make detailed notes of damage and communicating clearly with landlords. If there’s uncertainty, help from a legal professional or tenant advocacy group may be considered on a case-by-cases basis.
Tenants can also find more information on their rights and responsibilities on the Missouri Attorney General’s Landlord-Tenant Law page.