May 21, 2025
THE SICK TENANT
Responsibility for the Tenant’s Health or Welfare
Landlords in Missouri and Kansas generally have no legal duty to provide medical care or intervene in a tenant’s health-related matters. This holds true unless the landlord operates a care facility or similar arrangement where health obligations are contractually established. That said, if a landlord has reason to believe that a tenant is experiencing a medical emergency, such as being unresponsive or visibly in distress, they should call 911. Doing so in good faith is not a breach of privacy, but rather a responsible action. However, landlords should not attempt to render medical assistance unless properly trained, as doing so can lead to liability for negligence, battery, wrongful death, or interference with emergency services. Missouri’s Good Samaritan law does provide protection for those trained in first aid who render emergency care in good faith. If no emergency is present, but the landlord is concerned about the tenant’s well-being, the appropriate course is to contact local law enforcement and request a wellness check. Landlords must not enter the rental unit unless legally justified (see analysis below).
Privacy and Fair Housing Considerations
Landlords must be mindful of both privacy and anti-discrimination laws when dealing with sick or incapacitated tenants. Under federal and state fair housing laws, a landlord cannot disclose a tenant’s medical conditions to others, nor inquire about such conditions unless it directly pertains to a reasonable accommodation request. Disabilities, including chronic and terminal illnesses, are protected under the Fair Housing Act, which means landlords are prohibited from engaging in harassment, providing unequal treatment, or refusing to make reasonable accommodations such as allowing a live-in aide or adjusting payment dates.
No Automatic Right to Entry
Missouri and Kansas law both require that a landlord provide reasonable notice, typically 24 hours, before entering a tenant’s unit, unless an emergency arises. Legal justification must exist, and unless the lease contains a clause granting entry for business purposes, the landlord may not access the unit without the tenant’s consent.
Emergency Entry
If a landlord reasonably believes that a tenant is seriously ill or incapacitated inside the unit (for example, due to missed rent, unanswered wellness checks, or foul odors) they may enter the unit to address the emergency. However, it is best to first contact emergency services and allow law enforcement to assess the situation. If a condition threatens property or other units, such as fire, flooding, gas leaks, or spoiled food, landlords may enter under the common law doctrine of necessity and pursuant to emergency clauses in the lease.
When emergency entry occurs, landlords should first attempt to contact the tenant. A written notice of entry should be left on the premises, and the landlord should document the visit thoroughly, including photographs before and after the entry. Landlords must avoid removing tenant belongings or assuming possession. In severe cases, reconnecting utilities may be necessary to preserve the unit, and landlords may have a right to later seek reimbursement.
Clearly drafted lease clauses can strengthen a landlord’s position. A typical right of entry clause permits entry with notice for operational purposes and without notice during emergencies. An abandonment clause can require tenants to maintain utilities, authorize emergency access, and specify liability for damages resulting from utility disconnection or negligence.
THE MISSING TENANT
Abandonment in Missouri – §441.065, RSMo
Missouri law allows landlords to remove a tenant’s belongings without a court order only if three elements are met: (1) the landlord has a reasonable belief that the tenant has vacated and does not intend to return, (2) the tenant has not paid rent for at least 30 days, and (3) a statutory notice has been sent by posting and mail. If the tenant does not respond or pay within 10 days, the landlord may dispose of the property without liability. This process should be used conservatively, as improper use can result in legal claims for trespass, conversion, wrongful eviction, and violations of the Missouri Merchandising Practices Act, potentially leading to treble damages and attorney fees.
Best practices include discreet inspection of the premises, posting a 24-hour entry notice, attempting to contact the tenant, and sending notices containing certificates of service. Landlords should photograph and document everything and retain records for 5 years. Leases should also include clauses stating that tenant property may be disposed of in accordance with applicable law and that the landlord will not be liable for doing so.
Missouri: Evicting a Missing Tenant
If a landlord cannot establish abandonment, they should file a rent and possession action to regain possession legally. Alternatively, they can serve a termination notice for lease violations and proceed with an unlawful detainer action, although choosing the unlawful detainer route may involve delays due to service requirements.
Abandonment in Kansas – K.S.A. 58-2565
Kansas law recognizes two types of abandonment. The first applies when the tenant has been absent for over 30 days, rent is unpaid for at least 10 days, and a substantial portion of the tenant’s belongings has been removed. In this case, the landlord may assume abandonment unless the tenant notifies otherwise. The best practice is to post notice at the premises and inspect before concluding abandonment.
The second type concerns belongings left behind. The landlord must store the property for 30 days, publish a notice once in a local newspaper, mail the notice within 7 days of publication to the tenant’s last known address, and wait 30 days before selling or discarding the items. The tenant can redeem their property by paying all amounts due, including storage and sale costs.
Landlords must use these procedures cautiously. Mistaken assumptions of abandonment can result in claims of trespass, conversion, and violations under the Kansas Consumer Protection Act. Best practices include documentation, photographic evidence, use of certified mail, and retention of records for at least 2 years. Leases should specify the landlord’s rights regarding disposal of abandoned property.
Kansas: Evicting a Missing Tenant
If abandonment cannot be confirmed, the landlord should initiate a rent and possession action to lawfully regain the premises. Alternatively, they can serve a termination notice for lease violations and proceed with a forcible detainer action.
THE DEAD TENANT
Discovering a Body
If a landlord discovers what may be a deceased tenant, they should not enter or touch anything in the unit. They must call 911 immediately. Law enforcement and the coroner will manage the scene, and the landlord should provide access to tenant records and emergency contacts. Entry or cleaning of the unit should not occur until law enforcement provides clearance.
Biohazard Remediation
Landlords should hire a licensed trauma or biohazard cleanup service when dealing with decomposition, bodily fluids, or trauma. Professional remediation is essential to prevent exposure to health risks, comply with local regulations, and avoid liability or insurance issues. DIY cleanup can result in lawsuits, future tenant complaints, and rejection of insurance claims.
Lease and Rent Obligations After Death
In Missouri and Kansas, a tenant’s death does not terminate the lease automatically. The lease becomes part of the tenant’s estate. An executor or administrator can negotiate termination or remove belongings.
Locating Next of Kin
Landlords are not legally required to find next of kin but should make reasonable, good-faith efforts to protect themselves from liability. This may include checking the lease for emergency contacts, reviewing obituaries, contacting the probate court, or notifying law enforcement. All steps should be well documented.
Handling Property of Deceased Tenant
The landlord may not remove or dispose of personal property unless they receive a court order, obtain written consent from a legally authorized representative, or comply with abandonment statutes. If a next of kin steps forward, they must provide proof of legal authority, such as letters testamentary or a small estate affidavit.
A release signed by the next of kin should include their relationship to the tenant, acknowledgment of the tenant’s death, confirmation of their authority, waiver of claims to property and rent, and a hold harmless agreement. The release should be notarized. However, such a release does not necessarily shield the landlord from claims if the signor lacked authority or if possession was not lawfully regained.
If No Next of Kin
Landlords have three options: (1) they can take possession and store the property while waiting for a representative to emerge, which is 1 year in Missouri and 6 months in Kansas (2) they may contact the public administrator, who may handle unclaimed estates, or (3) they may open probate themselves, though this is rarely pursued due to time and cost. The 3rd option may be worthwhile if the deceased left behind valuable property or unresolved rent.
Final Tip
If a landlord is unsure whether a tenant is deceased or simply missing, the most prudent step is to file a rent and possession action. This offers legal protection and a clear path to regaining possession of the rental property.
If you are navigating a situation with an ill, incapacitated, missing or deceased tenant, we are here to help. Reach out at julie@mokslaw.com or call 816-262-2207. A little legal foresight now can save you a world of litigation later.