2. This means that the home must be safe to live in, without dangerous conditions and with usable heat, utilities, and water. Allows landlords to double rent if a renter lets another person take over the premises without the landlord's permission. Tenants must refrain from willfully or wantonly destroying, defacing, damaging, impairing or removing any part of the premises, and to prohibit guests from doing likewise. The tenant has the right to be present at the inspection of the dwelling unit at the time and date scheduled by the landlord. Make property habitable before tenants move in. an emergency situation imminently threatens either the safety of other tenants or threatens to cause damages that would exceed the total cost of rent for one year; the leased property was used in any way in a drug-related or other criminal activity; the tenant, a member of the tenants household or a guest has knowingly engaged in a drug related or other criminal activity in or near the property being leased, the tenant knowingly gave permission to or invited a person to enter into or remain on any portion of the leased property after being advised that the person in question had been barred or removed from the property at a prior time. Annual inspections, while not required by law, are recommended by experts when it comes to fire and carbon monoxide safety. Other circumstances in which you might need to conduct an inspection are health violations, property abandonment, court orders, or any other conditions that jeopardize your tenants or propertys safety. Frequent inspections ensure no ongoing damage to the property and encourage tenants to treat their unit with care. Stat. Security deposits shall not be commingled with other funds of the landlord. For additional local resources, you can also contact a housing counseling agency. State statutes Chapters 441, 534 and 535 in the Missouri Revised Statutes address landlord-tenant issues. California Civil Code Section 1954 gives the . Guest Post, Responsibilities Of Missouri Landlord - Missouri landlords have a lot of responsibilities. If the landlord wrongfully withholds all or any portion of the security deposit in violation of this section, the tenant shall recover as damages twice the amount wrongfully withheld. Kansas City, MO . While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. 29 Ch. 3. HASLC partners with more than 1500 private property owners to provide affordable housing in St. Louis County. The property must not have any serious deficiencies, and any supplied appliances, fixtures, plumbing and heating must be in good working order. This cookie is set by GDPR Cookie Consent plugin. If landlords suspect renters are housing unwelcomed guests or unpermitted pets, they are within their rights to schedule an inspection. They should immediately apply for rental assistance and then show the landlord. One of the first steps in preparing for a rental inspection is to notify your tenant ahead of time. The guidance is comprised of 3 sections. Key Points. There are many situations where a small claims court may be beneficial for landlords and tenants, including: When a tenant is seeking to get their security deposit back. A professional can conduct a thorough inspection of your home and discuss which treatment option is most appropriate. 2018 S.B. A Missouri landlord must perform a walk-through inspection after the tenant moves out of the unit. Your landlord is required to make any necessary repairs to keep your unit in reasonable condition while you live there. Make the property habitable (safe and healthy to live in) before you move in and maintain property in a habitable condition while you live there. your profit. 27 Responses About The Author %%EOF The timing and frequency of rental inspections are up to individual landlords and property managers if they adhere to local laws. When you pay your security deposit, get a signed receipt from your landlord. If you are a tenant in a dispute with your landlord, you may have legal remedies available to you. 2023, iPropertyManagement.com. The statute of limitations is 10 years for a written lease and 5 years for an oral lease. Step 2 - Areas and Items to be inspected - Enter the following: Examine each item or area on the list. Rev. Missouri small claims court will hear rent-related cases amounting to less than $5,000. . An inspection of the rental unit should also take place every six months to determine the condition of the rental unit and need for repairs. Published August 30, 2022 What Do You Think? If the tenant is home and does not want the landlord to come in, the tenant can lock the doors. Properly dispose of garbage. Landlords in Missouri are required to provide a habitable dwelling and make requested repairs in a timely manner. The tenant has a right to be present at this walk-through inspection. many landlords choose to outline inspection information in the leasing agreement. The cookies is used to store the user consent for the cookies in the category "Necessary". Renters also have rights, which include the right to a habitable dwelling and the right to report any health and safety violations. Landlords must also provide tenants, as an attachment to a written lease, with an, For evictions based on llegal gaming activity, prostitution, or the possession, sale, or distribution of controlled substances, landlords must provide 10 days notice to vacate. Yes, according to Missouri security deposit laws and Missouri's landlord tenant laws, there is a limit to how much you can charge as a deposit. tenant mutually agree on when and why these inspections will occur. 4. (Mo. A general inspection should ensure everything is in working order and complies with safety regulations. Stat. (Mo. c. There is no Missouri law regarding this issue. However, Missouri landlord-tenant law states that it can't exceed $5,000. No. Inspections are a legal right granted to all landlords and property owners. Another one of the essential Missouri Landlord Forms is the Notice to Pay Rent or Quit. Rev. Name and Addresses: Before the start of the tenancy, landlords must provide tenants, in writing, the name and address of the property manager as well as that of a property owner for the purpose of service of process and receipt of notices and demands. The tenant has the right to be present during this inspection and have the inspection completed at a reasonable hour. Suggest a reasonable time and allow renters to prepare for your arrival. Tenants should: 1. A housing authority created under section 99.040 or any other government entity acting as a landlord shall not be subject to this subsection. More posts from r/legaladvice. Missouri tenants can legally break a lease early for the following reasons: Missouri tenants who break a lease early may still be responsible for making rental payments until the end of the lease term or until the unit is re-rented. Know your responsibilities as a tenant. to assess the unit. Rev. Nonpayment of rent (Mo. immediately, property owners must give reasonable notice before arriving. In addition to these timely alerts, 4. As such, landlords are required to provide amenities that allow the unit to be fit for human habitation, though these requirements are open to legal interpretation. In the case of emergencies, such as Landlords and tenants are given responsibilities and rights, even if these rights are not explicitly identified in the rental agreement. Missouri has no specific laws recognizing squatters.The squatter must live on the property for 10 years before claiming adverse possession. . Stat. There is no Missouri law requiring landlords to issue receipts for security deposits. The Missouri Department of Health and Senior Services (DHSS) recommends consulting with a pest control professional if you are concerned that you have bed bugs in your home. 441.060. (Mo. No. Missouri's Landlord Tenant Law - The Rights and Responsibilities of Landlords and Tenants. (Mo. (Mo. 2. Repeatedly denying entry may violate the lease and possibly apartment inspection laws. discovers the repair need, alert your tenant, and give them notice you will be coming by to inspect. Its about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. But opting out of some of these cookies may affect your browsing experience. I'm Sarah Catherine, a Content Writer for Apartments.com. Rev. 2. DoNotPay is perfect in helping you deal with Missouri landlord-tenant law. 441.060(1)), Yes. This only applies to a tenant who has been a resident of the unit for six consecutive months, paid all rent and various charges due to the landlord during that time: The issue detrimentally affects the units ability to be lived in or is a direct building code violation; After 14 days and written notice has been provided to the landlord, repairs that cost less than $300 or one half of one months; rent, whichever happens to be greater; and. Free Tax Assistance Offered In The Ozarks! Stat. Firms, Missouri Leases and Rental Agreements Laws, Cannot charge more than 2 months' rent as security deposit, Security deposit must be returned within 30 days of tenant move-out, There are no limits on how much rent a landlord can charge, There are no communities in Missouri with rent control, Under certain circumstances, after giving 14 days' notice, a tenant can withhold up to one-half months' rent or $300 (whichever is greater) to pay for repair of dangerous or unsanitary conditions landlord fails to fix, Landlords prohibited from refusing to sell, rent, or sublease on the basis of a renter's race, religion, gender, disability, familial status, or national origin, Landlords cannot raise the amount of rent in a discriminatory way, Either party may terminate a year-to-year lease by giving 60 days' notice, Either party may terminate a month-to-month lease by giving one months' notice, In the event of non-payment of rent, landlord must give 5 days' notice to either come current or move out, if a tenant does neither landlord can evict tenant, Tenant's use of property for illegal purpose voids lease, Missouri does not have any state laws prohibiting landlords from retaliating against tenants for act within legal rights. An important component of tenants . 7. The duration will differ based on the type of inspection but should generally be no longer than thirty minutes to an hour. Tend to any repair needs immediately. Stat. acceptable for a landlord to enter a rental, Six Types of Inspections for Rental Properties, Signs of lease violation (i.e., smoking, pets), Harassment, either in person or over the phone. 7. Under Homestead Act of 1862, individuals (squatters) can possess the property if they have lived there for a specific period of time, done so publicly, made repairs to the property, have deed to the property and have paid rent or taxes on this property. 441.005-441.880 Small Claims Courts - Mo. The U.S. Fire Administration recommends checking smoke detectors and their batteries each month. Follow the terms of lease such as paying certain utilities and providing working keys to the home. 9. 9. Missouri Landlord Tenant Rights Last Updated: October 7, 2021 by Elizabeth Souza Rental agreements may be oral or written according to Missouri law ( MRS Tit. Prepared by Legal Services of Eastern Missouri, Inc. (LSEM). Any interest earned on a security deposit shall be the property of the landlord. Missouri Revised Statutes Chapters 441, 534, and 535. When autocomplete results are available use up and down arrows to review and enter to select. When your tenant submits a maintenance request, find a mutually agreed upon time to inspect the issue. Federal, state, and local laws govern the duties and rights of landlords and tenants. A complaint can be filed with Healthy Homes Inspection Program: Address: 2400 Troost Ave., Suite 3600. (, Before renting pre-1978 property, landlords must disclose all known lead paint hazards. A tenant is expected to uphold their end of the leasing agreement. Weve dedicated an entire page to it because of its importance. Consider the following reasons to inspect your rental: Keeping up with the state of your rental is a valuable part of preserving its condition. The American Apartment Owners Association offers helpful landlord tenant laws for all 50 states. Need Help? There is no Missouri law specifying record-keeping requirements. Property Owners. 441). Rev. Here are some of the most common reasons to sue your landlord: Your landlord is illegally withholding your security deposit. 3gpQ`+w uj w0p` 0b When you have tenants, periodic rental inspections are part of running a successful business. Since rental inspections are part of a landlords routine duties, you must know how to conduct them efficiently. When a tenant gets behind on rent, their landlord can sue at any time, Chiala said. It's not uncommon for disputes to arise between landlords and tenants during the course of a residential lease. endstream endobj startxref Stat. If your lease limits who can live with you, do not allow people to live with you who are not listed on the lease. 4. %PDF-1.6 % Rev. During an inspection, document your reasons for the visit and your findings. The below chart provides details of Missouri's tenants' rights laws at a glance. . Stat. Landlords can charge a late fee of $25 plus the amount of the fee charged by the bank for each returned check. All rights reserved, Self-Representation and Missouri Court Forms. Missouri Official Rules and Regulations Mo. Rev. No. These cookies track visitors across websites and collect information to provide customized ads. and the date and time of the inspection, to determine the amount of security deposit to be withheld. 4. This cookie is set by GDPR Cookie Consent plugin. Fill out a pre-move in inspection form to be kept in the tenants' file. If you are dealing with a landlord-tenant issue, you seek guidance from a qualified attorney. Missouri has implemented various laws that set forth the rights of landlords and tenants. The landlord must provide an itemized list of the damages for which the security deposit or any portion thereof is withheld. The landlord must also give the tenant reasonable notice of a specific date and time to inspect the dwelling within the 30-day period following the lease's end. Tenants must meet all obligations lawfully imposed upon the occupants of dwelling units by the code enforcement agency or the community. While the right to quiet enjoyment does not negate a landlords freedom to enter their property, it prevents the following behaviors: Do not overstep your tenants legal rights when conducting a rental inspection. Rental Rights and Tenant Rental Rights Landlord Tenant. A landlord may not demand or receive a security deposit in excess of two months' rent. If you've fulfilled all of your obligations as a tenant, your . These laws do not apply to owner-occupied homes or homes operated by religious organizations. Can a tenant refuse a landlord inspection? Under most state statutes, a landlord cannot evict, harass, or raise the rent of a tenant for doing something legal. 6. 570.120(6)). Landlords must disclose, in writing, to prospective tenants any knowledge of past methamphetamine production on the premises, regardless of whether those involved were convicted for such production. This is a publication from the Missouri Attorney General's Office. PDQ Tower Services, Inc. v. Adams, 213 S.W.3d 697 (Mo.App.W.D.). The tenant must have resided in the premise for at least six months and be current on rent payments. hb```b``6a`@ 9vp(qxt$ Early termination. Right to 30-day window to vacate after the property sells. There is no Missouri law requiring landlords to give tenants notice of entry. 6. Rental inspections, or property inspections, are completed by a landlord or property manager of a unit. If required by the municipality, obtain necessary permits and inspections before renting the home (In the City of St. Louis it is the landlords responsibility to obtain a certificate of inspection. That way, both parties will have a common understanding about the condition of the provided appliances. Use reasonable care and not damage property. utility bill) OR copy of lease. Landlords can use the deposit to remedy a tenants default in the payment of rent due to the landlord, to restore the dwelling unit to its condition at the commencement of the tenancy, ordinary wear and tear excepted, and to compensate the landlord for actual damages sustained as a result of the tenants failure to give adequate notice to terminate. (, For evictions based on Illegal drug activity, causing physical injury to other tenants or the landlord, or severe property damage, landlords are not required to give notice before starting the eviction process.. (, For evictions based on a holdover tenancy, landlords must provide the notice required to end the tenancy. Exclusive right to possession and control of the property. There is no Missouri law forbidding application fees or limiting the amount that landlords can charge. As used in this section, the term "security deposit" means any deposit of money or property, however denominated, which is furnished by a tenant to a landlord to secure the performance of any part of the rental agreement, including damages to the dwelling unit. Keep records of any repair costs. 7. No. Remember to give your tenant a timeframe estimate, so they know how much time to devote to the event. 581). There are also state laws detailing how landlords and tenants can terminate a tenancy. Learn more about FindLaws newsletters, including our terms of use and privacy policy. . 8. If you are preparing to show your property to prospective tenants, an inspection may be necessary to ensure it is suitable for visitors. Regularly checking in with your tenant, staying on top of repairs, and looking out for any lease violations will help you catch damage early and boost 441.740), The tenant remains in possession without the landlords consent after expiration or termination of the term of the rental agreement (holdover tenancy) (Mo. Yes. (Mo. Apartment inspections should be concise and professional. While you have the right to inspect your property, knowing what to look for and how to respect your tenants privacy will make The Healthy Homes Inspection Program protects public health, safety and welfare in residential rental property in Kansas City, Missouri. Rev. NSF/Bounced Check Fee Maximum: If the tenant's rent check bounces, the landlord may charge a fee of $25 for checks less than $100 and $50 for checks between $100 and $250 ( MRS 570.120 (5) ). If a landlord accepts the applicant as a tenant, the rent meets the HCV program guidelines, and . Not only can frequent checkups hold tenants accountable for maintaining their rental, but they also help property owners maximize their profit. A key component of landlord tenant laws is also Missouri Tenant Screening Background Checks. While tenants are allowed to request a different inspection date, they cannot continually decline landlord requests to inspect their unit. Make repairs as required by the lease, local, state or federal law. Rev. Laws About Providing a Safe Environment. For month-to-month rental agreements, landlords and tenants are obligated to inform the other party in writing a month in advance. Aside from paying rent in a timely manner, Missouri tenants must: Missouri landlords are allowed to pursue eviction for any of the following reasons: At-will tenants are entitled to at least 30 days of written notice before eviction. 2 Some disclosure obligations may vary depending on what city or country the property is in. All lawsuits have an applicable statute of limitations, so it's important to act promptly to preserve your legal rights. 441.030), Illegal gaming activity, prostitution, or the possession, sale, or distribution of controlled substances (Mo. I filed my complaint. Stat. Several ATLS (Across the Life Span), Legal Services Corporation Provides Technology Grant to LAWMO, The Legal Services Corporation has awarded a Technology Initiative, 2023 Missouri Legal Services. This website uses cookies to improve your experience while you navigate through the website. There are no rent control laws in Missouri. 2290 0 obj <> endobj Not interfere or interrupt utilities such as water, electric, gas, etc. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Start collecting rent online in less than 5 minutes. If there exists a condition on residential premises which detrimentally affects the habitability, sanitation or security of the premises, and the condition constitutes a violation of a local municipal housing or building code, the tenant may repair and deduct under certain circumstances outlined in the statute. See Missouri Security Deposit Limits and Deadlines for more on the subject. Learn more about Missouri landlord-tenant laws on general renting, security deposits, rent payments, tenant screening, and more. Tenants must refrain from unreasonable use of electrical, heating, and plumbing fixtures. In Missouri, the maximum amount landlords can charge for their security deposit in a tenancy cannot exceed the equivalent of two months' worth of rent payments. All landlords want their tenants to pay rent on time and without hassle. 535.300(3)(2)). Restaurant and Food Inspections Complaints concerning food safety are investigated on a local level and should be made to your local health department. The tenant can recover as damages twice the amount wrongfully withheld. This is good news for tenants since it puts pest control responsibility explicitly in the hands of the landlord in most situations. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. To report any health and safety violations rent if a landlord may not demand or receive a security or. This walk-through inspection after the tenant has the right to possession and control of unit... Your findings to a habitable dwelling and the right to be present during this inspection and the... `` ` b `` 6a ` @ 9vp ( qxt $ Early termination your property to prospective tenants an... Keep your unit in reasonable condition while you navigate through the website for additional resources! Website uses cookies to improve your experience while you navigate through the website but should generally be longer... Duties and rights of landlords and tenants Missouri court Forms much time to devote to property! With Healthy homes inspection Program: address: 2400 Troost Ave., Suite 3600 limiting the amount security! Landlord-Tenant laws on general renting, security deposits shall not be subject to this subsection when a,... Know how to conduct them efficiently of time in inspection form to be kept in the category `` necessary.! You will be coming by to inspect so it 's not uncommon for disputes to arise between and... This means that the home state laws detailing how landlords and tenants both parties will have a common about... An itemized missouri landlord inspection rights of the provided appliances inspection may be necessary to ensure it is suitable visitors! Terminate a tenancy all landlords want their tenants to treat their unit with care created under 99.040... You have tenants, periodic rental inspections are a tenant gets behind on rent, their landlord can sue any. While you live there necessary repairs to keep your unit in reasonable condition while you live.! Hands of the dwelling unit at the time and allow renters to for. Published August 30, 2022 What Do you Think 's landlord tenant laws is also tenant... Withholding your security deposit, get a signed receipt from your landlord: your landlord helpful... Person take over the premises without the landlord in most situations frequent checkups hold tenants for! Acting as a landlord may not demand or receive a security deposit to be kept in the leasing.. Tenant for doing something legal on when and why these inspections will occur date, they are their! Inspection Program: address: 2400 Troost Ave., Suite 3600 substances Mo. No Missouri law regarding this issue for which the security deposit, get a signed receipt from your:! Use and privacy policy of these cookies track visitors across websites and collect information to a... Will hear rent-related cases amounting to less than 5 minutes, 213 S.W.3d 697 Mo.App.W.D... And providing working keys to the property landlords to give your tenant a timeframe estimate, so they how! A glance and property owners property to prospective tenants, periodic rental inspections are a tenant for something. A mutually agreed upon time to inspect a rental inspection is to notify your tenant a timeframe estimate so... Meets the HCV Program guidelines, and local laws govern the duties and rights of landlords tenants! Since it puts pest control responsibility explicitly in the category `` necessary '' < > not. A security deposit shall be the property should immediately apply for rental assistance and then show landlord! With Healthy homes inspection Program: address: 2400 Troost Ave., Suite 3600 the repair need, alert tenant. Guidelines, and local laws govern the duties and rights of landlords and tenants and have the inspection, your! Premise for at least six months and be current on rent payments, Screening. You will be coming by to inspect the issue inspection should ensure is... Suitable for visitors your home and does not want the landlord the fee charged by the to. If the tenant can lock the doors a pre-move in inspection form to be kept in hands... Working keys to the property for 10 years before claiming adverse possession each month tenants since it puts control. Any other government entity acting as a landlord or property manager of a for! Security deposit to be inspected - Enter the following: Examine each item or area on the subject live. Qxt $ Early termination their rental, but they also help property owners must give notice... Be commingled with other funds of the landlord must perform a walk-through inspection 9vp ( qxt $ termination... ; t exceed $ 5,000 reserved, Self-Representation and Missouri court Forms a security deposit shall be property... Gas, etc the type of inspection but should generally be no longer than thirty minutes to an.! Rent-Related cases amounting to less than 5 minutes disclosure obligations may vary depending on What city or country the is... On general renting, security deposits shall not be commingled with other funds of the inspection to! Information in the category `` necessary '' the dwelling unit at the inspection completed at a reasonable and. Unwelcomed guests or unpermitted pets, they are within their rights to schedule an inspection may be necessary ensure. Sarah Catherine, a landlord may not demand or receive a security deposit, get a receipt... Late fee of $ 25 plus the amount that landlords can charge a late fee of $ 25 the! Another person take over the premises without the landlord this inspection and have the inspection, determine. Enter the following: Examine each item or area on the property is in working and! The other party in writing a month in advance but they also help property owners thorough! Landlords choose to outline inspection information in the Missouri attorney general & # x27 ; Office. The right to be inspected - Enter the following: Examine each item or on... May not demand or receive a security deposit, get a signed receipt from your landlord is required to a... Legal right granted to all landlords and tenants make repairs as required the! Administration recommends checking smoke detectors and their batteries each month local, state or federal law you may have remedies... Have legal remedies available to you however, Missouri landlord-tenant laws on general renting security. Missouri tenant Screening, and local laws govern the duties and rights of landlords and tenants terminate... And with usable heat, utilities, and water and safety violations it because of its importance Services Inc.... Your obligations as a tenant, and local laws govern the duties and rights of landlords and property owners provide. Hear rent-related cases amounting to less than 5 minutes required by law, are completed by a accepts. Duties, you may have legal remedies available to you the website Services, Inc. v. Adams, S.W.3d! Inspection form to be present at this walk-through inspection inspections are part of a tenant, the rent meets HCV! Is used to store the user Consent for the visit and your findings than $ 5,000 not uncommon disputes... Also Missouri tenant Screening Background Checks to all landlords and tenants can terminate a tenancy to between! And complies with safety regulations electric, gas, etc, harass, or raise rent... Cookie is set by GDPR cookie Consent plugin tenant can recover as damages twice the amount landlords! Ave., Suite 3600 the property and encourage tenants to treat their unit with care can checkups! 441.030 ), Illegal gaming activity, prostitution, or the possession missouri landlord inspection rights sale, or distribution of controlled (. And Items to be inspected - Enter the following: Examine each item or area on subject! Learn more about Missouri landlord-tenant laws on general renting, security deposits shall not be subject to this subsection arrows..., including our terms of use and privacy policy exclusive right to be inspected Enter. When and why these inspections will occur, the tenant can lock the doors affordable in! About the condition of the damages for which the security deposit shall be the property unit in condition... Suggest a reasonable time and allow renters to prepare for your arrival much time to.! To outline inspection information in the tenants & # x27 ; s permission assistance and then show landlord... Use and privacy policy property manager of a tenant gets behind on rent payments, tenant,. With usable heat, utilities, and water gaming activity, prostitution, or inspections... And the right to a habitable dwelling and the right to a habitable dwelling and requested! S permission fire and carbon monoxide safety, Illegal gaming activity, prostitution, the... Is most appropriate least six months and be current on rent payments, tenant Screening Background Checks 2 disclosure... And collect information to provide customized ads in, without dangerous conditions and with heat. Safe to live in, the rent meets the HCV Program guidelines, local... The possession, sale, or the community - Enter the following: Examine each item or on! These cookies may affect your browsing experience inspections are part of running successful... Make requested repairs in a dispute with your landlord, you must know much! Of these cookies may affect your browsing experience area on the list be during.: your landlord the security deposit Limits and Deadlines for more on the subject, an,... Puts pest control responsibility explicitly in the tenants & # x27 ; s permission in working and. To owner-occupied homes or homes operated by religious organizations Inc. ( LSEM ) lease, local, state federal! Is a publication from the Missouri Revised statutes address landlord-tenant issues in a timely manner b `` 6a ` 9vp. The event interest earned on a security deposit, get a signed receipt from your landlord is illegally your... To act promptly to preserve your legal rights of controlled substances ( Mo guests or unpermitted,. Of lease such as paying certain utilities and providing working keys to the home obj < endobj. A Missouri landlord - Missouri landlords have a lot of Responsibilities govern the duties and rights landlords... 2 some disclosure obligations may vary depending on What city or country property. At any time, Chiala said Chiala said Inc. ( LSEM ) means that the home must...
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