| Tenant Protected Actions |
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| Landlord Retaliatory Actions |
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| Penalties for Retaliation |
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When Is It Illegal for Landlords to Retaliate in Missouri?
Missouri law isn’t clear on the extent to which landlords are allowed to retaliate against tenants. Missouri courts recognize retaliatory eviction as a defense, but haven’t provided guidance on what factors weigh toward or against finding retaliation. Retaliatory eviction also isn’t available as a defense in most eviction cases.
What Can Tenants Do in Response in Missouri?
If a landlord retaliates in Missouri, the tenant can raise the issue of retaliatory eviction in court, as long as the court action isn’t for involuntary detainer. If the court decides the landlord is attempting a retaliatory eviction, the court will prohibit the landlord from evicting the tenant.
Sources
- 1 Leve v. Delph, 710 S.W.2d 389, 392 (Mo. Ct. App. 1986) (internal citations omitted)
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“An equitable affirmative defense cannot be raised in an unlawful detainer action. Defendants are therefore precluded from raising the equitable defense of retaliatory eviction in an unlawful detainer action.”
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