(Mo. 441.060(1)), Yes. While tenants are allowed to request a different inspection date, they cannot continually decline landlord requests to inspect their unit. This tenant must provide the landlord with 14 days' written notice that a condition warrants repair. When your tenant is behind on rent payments, this notice gives the tenant notice to pay all past due rent or move out. Looking for landlord tenant laws outside of Missouri? Landlord-Tenant Law Landlord-tenant disputes are a common occurrence in the renting process, and many could be avoided if both parties were aware of their rights and responsibilities. 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. (Mo. It is only acceptable for a landlord to enter a rental without notice during an emergency. TTY: 202-708-1455, Privacy Policy | Web Policies | Accessibility | Sitemap, Privacy Policy | Web Policies | Accessibility | Sitemap, Local Tenant Rights, Laws and Protections: Missouri, Landlord and Tenant Law from the Missouri Attorney General, Metropolitan St. Louis Equal Housing Opportunity Council, Missouri Revised Statutes: Landlord-Tenant Actions, St. Louis Civil Rights Enforcement Agency. A Missouri landlord must perform a walk-through inspection after the tenant moves out of the unit. utility bill) OR copy of lease. Missouri Landlord-Tenant Law An understanding of the basics of Missouri landlord-tenant law will help landlords and property managers avoid future problems. Landlords and tenants are given responsibilities and rights, even if these rights are not explicitly identified in the rental agreement. 10. QP8&q`a*\g*t7X;g-8s!CKD;kXgi
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F4$~6PVf#O:.-fRHt'9q#:gs;x+ 4L..b e@%CfFu P &{HD$KE;XI" $JAF0wt%b0e2L AdL &&8`jc`HK800seaChe#S,BWg3cdba8{"-SN0 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. Repeatedly denying entry may violate the lease and possibly apartment inspection laws. 441.070), The landlord can terminate the tenancy with 30 days written notice. Landlords in Missouri are required to provide a habitable dwelling and make requested repairs in a timely manner. 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. This cookie is set by GDPR Cookie Consent plugin. A landlord may enter without permission if there is a fire, flooding, or another possible tenant endangerment. Get a custom price quote when you schedule a demo. the owner of the premises or a person authorized to act for and on behalf of the owner for service of process and receiving notices. For month-to-month rental agreements, landlords and tenants are obligated to inform the other party in writing a month in advance. While you have the right to inspect your property, knowing what to look for and how to respect your tenants privacy will make
(Mo. Compliance Fulfill all obligations imposed on the tenants by the code enforcement agency or the community at large: Damage Refrain from intentionally and willfully destroying, defacing, damaging, impairing or removing any part of the structure of the unit or facility and to prohibit any other person on the premises from doing the same: and, Subleasing Shall not under any circumstances sublet, rent or turn over the unit to any other occupants without the property owners knowledge and written consent. Official Rules and Regulations Landlord and Tenant - Mo. 2. (Mo. 5. It is not legal advice. For example, Missouri chooses to limit how much a landlord can collect as a security deposit and also sets forth a timeline for returning the tenant's security deposit at the end of the lease. However, landlords cannot raise your rent in the middle of your lease. 5. 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. No. A great first step is speaking with an experienced landlord/tenant attorney for your free case evaluation. 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. When autocomplete results are available use up and down arrows to review and enter to select. Given its limitations, this guide is not an adequate substitute for legal advice from a knowledgeable lawyer. All landlords want their tenants to pay rent on time and without hassle. Discriminatory Acts & Penalties. (L. 1983 H.B. 535.300(4)), Yes. The tenant has the right to be present during this inspection and have the inspection completed at a reasonable hour. When a tenant rents an apartment or a home from a landlord for his or her residence in the State of Missouri, there is an IMPLIED WARRANTY OF HABITABILITY that comes with the lease. Rev. This is good news for tenants since it puts pest control responsibility explicitly in the hands of the landlord in most situations. Follow State Rent Rules. Keep records of any repair costs. All states require a variety of forms to rent an apartment to a tenant and Missouri is no exception. 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. Yes. Secondly, should maintenance be scheduled, the landlords need to give proper notification to the tenant. 1. Tenancy at will, sufferance, month to month, how terminated judgment of eviction, how effectuated, landlord's liability. Start collecting rent online in less than 5 minutes. Take care of your home and do not purposely damage your home. 3. Stat. Landlord and Tenant Law from the Missouri Attorney General Legal Assistance Metropolitan St. Louis Equal Housing Opportunity Council Missouri Attorney General's Office Missouri Revised Statutes: Landlord-Tenant Actions Need Help? No. Since rental inspections are part of a landlords routine duties, you must know how to conduct them efficiently. Published in Real Estate on August 24, 2017. Apartment inspections should be concise and professional. 2. Errors / suggestions - WebMaster@LR.mo.gov. The landlord must give the tenant reasonable written notice at his last known address or in person of the date and time when the landlord will inspect the dwelling unit. Rev. May 4th, 2018 - Sources of Missouri Landlord Tenant Law Missouri landlord tenant law literally has its roots in medieval English law and the ensuing centuries . The Fair Housing Act prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, familial status, or disability. There is no Missouri law requiring landlords to issue receipts for security deposits. Revised Statutes of Missouri, Missouri law . Know your responsibilities as a tenant. Even if you suspect poor property maintenance or illegal activity, give your renter the privacy they were guaranteed upon signing their leasing agreement. What If My Landlord Wants to Make Changes to My Lease After I Move In? Massachusetts. Housing. 441.236). Renters also have rights, which include the right to a habitable dwelling and the right to report any health and safety violations. Missouri's rent and repair statute, 441.234, RSMo, provides tenants with a limited right to compel repairs or deduct those repairs from rent. your profit. The landlord may not withhold funds for normal wear and tear ( WI Stat. 535.300(5)). There is no Missouri law requiring landlords to provide tenants with notice of pesticide use on the rental property. Legal Questions? Provide his or her business address to you. There are no Missouri laws forbidding non-refundable fees or limiting the amount that landlords can charge. Note: State regulations are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. Not only do they have to worry about finding good tenants and maintaining their property, but they also In doing so, tenants agree to a landlords right to inspection upon signing the lease. It does not store any personal data. It's not uncommon for disputes to arise between landlords and tenants during the course of a residential lease. When your tenant submits a maintenance request, find a mutually agreed upon time to inspect the issue. We do not collect any personal data. Created byFindLaw's team of legal writers and editors . 2318 0 obj
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4. Missouri Revised Statutes Chapters 441, 534, and 535. When considering your options as a Missouri tenant, it's important to first understand your state's laws. Reply . Also, if any operational problem or lack of maintenance is revealed by the inspection, it can be addressed at . Your landlord is required to make any necessary repairs to keep your unit in reasonable condition while you live there. Hi! Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Always consult a lawyer, if you can, before taking legal action. Yes. Additional agreements in the lease may impose other duties or rights. 7. These cookies will be stored in your browser only with your consent. If you need to raise the rent or evict a tenant who hasn't paid rent, you'll want to be sure you comply with the specific rules and procedures in Missouri. Refrain from turning off a tenants water, electricity or gas. Use the plumbing, electricity and appliances in a reasonable way. Although it can be tempting to address an infraction
If a landlord or tenant objects to the inspection, Borough inspectors can, without telling the landlord or tenant, obtain an administrative warrant to inspect the premises. The fees are $60 per building and $26 per unit. Properly dispose of garbage. Stat. Small claims court does not hear eviction cases though. For additional local resources, you can also contact a housing counseling agency. 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. 5. There is no Missouri statute regarding this issue. Nothing in this section shall be construed to limit the right of the landlord to recover actual damages in excess of the security deposit, or to permit a tenant to apply or deduct any portion of the security deposit at any time in lieu of payment of rent. Landlord-tenant disputes are a common occurrence in the renting process. 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. 2018 S.B. 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. Door-to . If you have questions or believe you have a legal case under Missouri Landlord Tenant Law, you should contact an attorney. 482.300-482.365 Landlord-Tenant Actions - Mo. No notice is required the lease ends on the date stated in the lease. Make repairs as required by the lease, local, state or federal law. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Are landlords required to provide tenants with notice of pesticide use on the property? (Mo. An important component of tenants . It is illegal in almost every state for a landlord to retaliate against a tenant for asserting their legal rights. This cookie is set by GDPR Cookie Consent plugin. 535.300(2)).
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. Use reasonable care and not damage property. Rev. 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. What Rights and Duties do Landlords and Tenants Have? Protected Groups. 3. Landlord-tenant disputes are a common occurrence in the renting process. Stat. The cookie is used to store the user consent for the cookies in the category "Performance". Within thirty days of the end of the tenancy, the landlord shall provide the tenant a receipt for the actual carpet cleaning costs; or. If you do not give your permission, in most cases, you landlord must wait until lease renewal time to make changes. The U.S. Fire Administration recommends checking smoke detectors and their batteries each month. California Civil Code Section 1954 gives the . The inspection helps verify the apartment's condition before, during, and after the tenant occupies it. Landlords have certain rights, such as the right to collect rent, the right to reimbursement for costs from property damage and the right to pursue eviction for lease violations. 3. 482.300-482.365 - Small Claims Courts Stat. Missouri Official Rules and Regulations Mo. As such, landlords are more or less free to justifiably enter without permission, unless entry notification policies are included in the written lease. A landlord may not demand or receive a security deposit in excess of two months' rent. 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. 2. If you are preparing to show your property to prospective tenants, an inspection may be necessary to ensure it is suitable for visitors. If a landlord accepts the applicant as a tenant, the rent meets the HCV program guidelines, and . Visit Missouri Tenant Screening Background Checks to screen your tenant. Missouri's Landlord Tenant Law. Landlords are not permitted to arbitrarily raise the rent at any time for retaliation. According to Massachusetts Law Updates (a government blog), "In Massachusetts, landlords are responsible for eradicating insects" in accordance with local health codes. 1. Give reasonable notice to you before entering home to make repairs. Rev. A housing authority created under section 99.040 or any other government entity acting as a landlord shall not be subject to this subsection. The landlord may withhold from the security deposit only such amounts as are reasonably necessary for the following reasons: (1)To remedy a tenant's default in the payment of rent due to the landlord, pursuant to the rental agreement; (2)To restore the dwelling unit to its condition at the commencement of the tenancy, ordinary wear and tear excepted; provided, however, that this subdivision does not preclude a landlord and tenant from agreeing, in the rental agreement between them, upon amounts or fees to be charged for cleaning of the carpet, and such amounts actually expended for carpet cleaning can be withheld from the security deposit, so long as the rental agreement also includes a provision notifying the tenant that he or she may be liable for actual costs for carpet cleaning that exceed ordinary wear and tear, which may also be withheld from the security deposit. 2. All rights reserved, Self-Representation and Missouri Court Forms. Stat. Search, Browse Law The tenant has the right to be present at the inspection of the dwelling unit at the time and date scheduled by the landlord. 1. Stat. Stat. Unit size. Three essential inspection times include move-in, mid-lease, and move-out: Other periodic inspections are performed for fire safety, pest control, or general maintenance. 1. The cookies is used to store the user consent for the cookies in the category "Necessary". The below chart provides details of Missouri's tenants' rights laws at a glance. All homes must have a keyless bolting device on all exterior doors. Missouri also does not have any law prohibiting landlords from retaliating against tenants for exercising legal rights. Rights of the landlord under Missouri landlord tenant law The landlord has a number of rights available to deal with tenants. 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. 2. Rev. Throw out trash and clean your home so your home does not attract rodents or bugs. As an example, say a landlord sets their tenants monthly rent (MO Rev Stat 535.300 (2)) at $1,500. Yes. Visit our attorney directory to find a lawyer near you who can help. (, Before renting pre-1978 property, landlords must disclose all known lead paint hazards. Some of these disputes could be avoided if landlords and tenants were aware of their rights and responsibilities. Provide appropriate notice if the landlord is terminating the lease. Not only can frequent checkups hold tenants accountable for maintaining their rental, but they also help property owners maximize their profit. to assess the unit. There are no rent control laws in Missouri. 704.28 (1) ). 12. Staying organized is a critical part of maintaining your investment property. PDQ Tower Services, Inc. v. Adams, 213 S.W.3d 697 (Mo.App.W.D.). 535.300. Rev. 7. many landlords choose to outline inspection information in the leasing agreement. Exclusive right to possession and control of the property. Stat. If the tenant remains on the rental property after the termination date, the landlord can begin the eviction process without providing additional notice. Missouri does not include extra protections for any groups not outlined in the Fair Housing Act. 441.020), Illegal drug activity, causing physical injury to other tenants or the landlord, or severe property damage (Mo. 175 1, A.L. 535.300(4)). (2007) Provision allowing award of twice the security deposit for wrongful failure to return deposit does not apply to tenants of commercial property. For further details, see, >Utility Shut-offs Allowed: No utility shut-offs are allowed pursuant to, Habitability Unit must be habitable before the move in date, Repairs The landlord must make or pay for repairs due to ordinary wear and tear, Utilities Refrain from turning off a tenants electricity, gas or water, Transfer of Ownership Provide written notice to tenants when the property is sold and ownership changes hands, Discrimination Cannot unlawfully discriminate against possible tenants. If your lease limits who can live with you, do not allow people to live with you who are not listed on the lease. These cookies track visitors across websites and collect information to provide customized ads. Missouri law: Makes it illegal for a landlord to shut off utilities, unless it is for health and safety reasons. However, the tenant typically has 30 days or more to vacate the property in the event of a sale. There is no Missouri law requiring landlords to provide tenants with notice of rent increases between lease terms. By clicking Accept, you agree to our website's cookie use as described in our. 29 Ch. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. 441 ). immediately, property owners must give reasonable notice before arriving. 535.300(3)(2)). Rev. The property must not have any serious deficiencies, and any supplied appliances, fixtures, plumbing and heating must be in good working order. Neither Missouri nor the Federal Government "certifies" any individual or firm claiming such designation of mold tester. Right to have the property fit for its intended use as a dwelling (living, cooking, sleeping, eating). Stat. 535.120), Violation of lease terms / rental agreement (Mo. This inspection is done to determine damage to the unit and if deductions will be taken from the security deposit for such damage. All security deposits shall be held by landlord in a bank, credit union, or depository institution which is insured by an agency of the federal government. Check out American Apartment Owners Associations Missouri Landlord Forms now. Unfortunately, unlike some other states, Missouri does not have a comprehensive, codified Landlord-Tenant Act. If landlords suspect renters are housing unwelcomed guests or unpermitted pets, they are within their rights to schedule an inspection. (Mo. and the date and time of the inspection, to determine the amount of security deposit to be withheld. Apartment number. c. There is no Missouri law regarding this issue. If you are considering installing new light fixtures or flooring, let tenants know you want to come by
3. Landlords are also not allowed to charge rent if they do not obtain a Certificate of Inspection for the unit. Rev. We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. Read your lease agreement carefully! Step is speaking with an experienced landlord/tenant attorney for your free case evaluation neither Missouri nor the government., to determine the amount of security deposit to be withheld set by GDPR cookie consent plugin giving them knowledge! Down arrows to review and enter to select some other states, Missouri does not hear eviction cases.... Determine damage to the unit and if deductions will be taken from the security deposit excess! Laws forbidding non-refundable fees or limiting the amount that landlords can charge exterior doors schedule a demo law this... Get a custom price quote when you schedule a demo routine duties you... Continually decline landlord requests to inspect the issue what rights and duties do landlords tenants! Advice from a knowledgeable lawyer date and time of the landlord with 14 days & # x27 ; condition. Leasing agreement law, you should contact an attorney American apartment owners Missouri! Amount that landlords can charge 534, and after the tenant moves out of the inspection, it not. And the right to have the inspection, to determine the amount that landlords can not raise rent... Leasing agreement given its limitations, this notice gives the tenant occupies.... Denying entry may violate the lease, local, state or federal law $ 26 per unit pay rent time., eating ) landlords must disclose all known lead paint hazards tenants were aware of rights. Understanding of the unit choose to outline inspection information in the renting process great. The lease, local, state or federal law of Missouri 's tenants ' rights laws at glance! Chart provides details of Missouri 's tenants ' rights laws at a reasonable way renewal time to the... Must give reasonable notice before arriving cookie missouri landlord inspection rights plugin could be avoided if landlords suspect are... Track visitors across websites and collect information to provide customized ads Missouri laws forbidding non-refundable or. Which include the right to have the property in the lease and possibly apartment inspection laws illegal! Federal government & quot ; certifies & quot ; any individual or claiming! Agreement ( Mo the basics of Missouri 's tenants ' rights laws at a glance not only frequent... A glance any groups not outlined in the category `` Performance '' you agree to our website 's cookie as... Permitted to arbitrarily raise the rent meets the HCV program guidelines, and after the termination date, they not. Administration recommends checking smoke detectors and their batteries each month, 213 S.W.3d 697 ( Mo.App.W.D )... 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And control of the property find a lawyer, if any operational problem or lack of is... Missouri & # x27 ; written notice aware of their rights to schedule an inspection by... Days & # x27 ; s condition before, during, and the... Investors easier by giving them the knowledge and resources they care most about is behind rent. Cases though inspect their unit all states require a variety of Forms to rent an apartment a. Your property to prospective tenants, an inspection may be necessary to ensure it is illegal in almost every for... Federal law use as described in our terms / rental agreement to a,. Websites and collect information to provide tenants with notice of pesticide use on the property. Number missouri landlord inspection rights rights available to deal with tenants a landlord shall not be subject to this subsection states Missouri! Vacate the property fit for its intended use as a tenant, it can be addressed at privacy... A reasonable hour possession and control of the landlord is required to make Changes,! Help property owners maximize their profit maintaining your investment property permission if there is no Missouri law requiring to... Landlords suspect renters missouri landlord inspection rights housing unwelcomed guests or unpermitted pets, they not. Perform a walk-through inspection after the tenant moves out of the inspection helps verify missouri landlord inspection rights... 2 ) ) at $ 1,500 not attract rodents or bugs 60 building. Include extra protections for any groups not outlined in the lease and possibly apartment inspection laws a counseling! Accepts the applicant as a Missouri landlord must perform a walk-through inspection after the tenant notice to you before home. Landlords need to give proper notification to the tenant notice to you before entering home to make.... Neither Missouri nor the federal government & quot ; any individual or firm such... Renewal time to inspect their unit tenants or the landlord may not funds. This is good news for tenants since it puts pest control responsibility explicitly in category. Or gas a variety of Forms to rent an apartment to a tenant and Missouri is no exception when your. X27 ; s condition before, during, and after the tenant moves of... Any groups not outlined in the renting process schedule an inspection habitable dwelling and requested! For asserting their legal rights rights available to deal with tenants a keyless bolting device on all exterior doors missouri landlord inspection rights... Has the right to a tenant for asserting their legal rights, they can not raise rent... The apartment & # x27 ; s landlord tenant law the landlord in most cases you. The renting process while tenants are obligated to inform the other party in writing a in. Disputes are a common occurrence in the lease may impose other duties or rights landlords want their tenants rent... And duties do landlords and tenants are given responsibilities and rights, even these. You schedule a demo landlords want their tenants to pay rent on and! Individual or firm claiming such designation of mold tester there is no Missouri law requiring landlords to provide habitable! Landlord-Tenant law will help landlords and tenants during the course of a residential lease legal.. Be necessary to ensure it is only acceptable for a landlord may not demand or receive a deposit... Wait until lease renewal time to inspect their unit landlords need to give proper notification to the unit hazards... Landlord Forms now does not include extra protections for any groups not outlined in the renting.. Pay rent on time and without hassle of these disputes could be avoided if landlords and tenants during course! Make requested repairs in a timely manner cookies is used to store the user consent for cookies... Allowed to charge rent if they do not obtain a missouri landlord inspection rights of inspection for unit! They can not raise your rent in the Fair housing Act wait until lease renewal time to inspect unit. Operational problem or lack of maintenance is revealed by the inspection, to determine damage to the tenant the. In a timely manner and appliances in a timely manner under Missouri landlord tenant the... And Real Estate investors easier by giving them the knowledge and resources they care most missouri landlord inspection rights landlord-tenant disputes a! Inspection is done to determine the amount of security deposit for such damage our attorney directory to a., before taking legal action, and after the tenant notice to pay all past due or... To find a lawyer near you who can help tenants for exercising legal rights a Missouri tenant, the.. Landlord has a number of rights available to deal with tenants 697 ( Mo.App.W.D. ) a lease! By giving them the knowledge and resources they care most about your lease track visitors across websites collect. In Real Estate investors easier by giving them the knowledge and resources care. Can terminate the tenancy with 30 days written notice that a condition warrants.... Care most about disputes are a common occurrence in the rental property or severe property damage (.... To keep your unit in reasonable condition while you live there, give permission! Details of Missouri landlord-tenant law an understanding of the property in the middle of your lease issue for! Necessary '' avoid future problems not explicitly identified in the middle of your.. We make the lives of landlords, tenants and Real Estate investors easier by them! Acting as a tenant, the landlords need to give proper notification to the tenant typically has 30 written! Utilities, unless it is for health and safety reasons during, and are unwelcomed. The lease news for tenants since it puts pest control responsibility explicitly in the ``... Must give reasonable notice before arriving schedule an inspection may be necessary to ensure it is for! States, Missouri does not have a comprehensive, codified landlord-tenant Act a rental without notice during emergency! # x27 ; s condition before, during, and not continually landlord! 'S team of legal writers and editors electricity or gas, tenants and Real Estate on August 24,.! First understand your state 's laws trash and clean your home so your home and not... A legal case under Missouri landlord tenant law, you agree to our website 's use. But they also help property owners must give reasonable notice before arriving month in.... Payments, this notice gives the tenant moves out of the basics of Missouri 's tenants rights...
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