Legal Question in Landlord & Tenant Law in Missouri

Self employed living in an apartment

i am dealing with my former landlord and disputing the terms of my lease . i am self employed and had to terminate my lease to move more than 50 miles away to keep my business going. i submitted all required docs including new address and followed all procedures but the leasing agent said since i was self employed i cant move. i have investors who keep the business going and share the profits who requested i move to be closer to to the core of the business. if i did not adhere to the requests the business would have dissolved and i would of become unemplyed and not able to pay for the apt. what if any advice can you give me. i followed the lease agreement in regards to transfer but they seem to take issue with the fact i am self emplyed there is no verbage in the lease that says anything to the effect that if you are self employed the terminating lease agrremnt is different. the lease states if i am emplyed by same employer as time of inception of lease i can move with proper procedure followed which i did.


Asked on 4/30/04, 4:21 pm

1 Answer from Attorneys
J. Matthew Guilfoil The Guilfoil Law Group, L.L.C.

Re: Self employed living in an apartment

I can see both sides to this argument. It will likely go to trial as you will not find many landlords that will voluntarily let you out of a lease in this situation. The point of such lease provisions are to provide for when a employer sends you out of town, meaning actually out of town, and impliedly, for when the move is out of your control. Landlords don't especially care why you are moving if the move is voluntary. Courts will often only agree with your type of argument where you actually get transferred-- i.e.-- move a considerable distance-- "more than 50 miles away" may or may not justify a transfer. It depends on how far away you are actually talking, and the voluntariness of your move. To the extent that you can actually show that you would have gone out of business might largely decide in the court's eye the reasonableness of you breaking a lease to "transfer" less than 100 miles away.

How many months left on the lease the landlord is claiming you owe?

Here is what I would do: give him your forwarding address or make sure your mail is getting forwarded. Determine the date you gave him notice that you were leaving. Within a reasonable period of time he must send you in writing a notice of when the inspection will be to determine what will be deducted from your security deposit. And he then must return your SD or tell you why in writing within 30 days.

If he then goes to sue you for breaking the lease, you have a security deposit counterclaim. As far as the merits of your argument, many courts will side with the landlord and say your move was voluntary where you break the lease to move a commutable distance, instead of being forced on you or it being out of your control�even if you show it would negatively affect your business.

I would have to see the actual provision in the lease to advise further.

Good Luck.

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Answered on 5/03/04, 9:50 am


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