Legal Question in Civil Rights Law in Missouri

Leasing/Contract Law

My husband and I signed a one year apartment leasing agreement in August 2001. Due to a new job, we must move to a different city before our lease is up. Our landlords are asking us to pay a lump sum of 85% of one months rent, plus continue to pay rent until the unit is occupied. We did sign the lease agreeing to this, however because we are not breaking this lease intentionally, do we have to pay both the fee and the continual rent as they requested? The apartment complex is located in Kansas City, Missouri. Our job is requesting that we move to Independence, Missouri.

Please help me. Thank You!


Asked on 10/24/01, 9:56 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Leasing/Contract Law

Unless you have city employment, I can't imagine an employer who would want you to move from KC to Independence. It makes very little sense unless your job requires residency in the city.

A lease is a legal contract and the rights of the landlord are to hold you to the lease. However, he has to make reasonable efforts to re-let and he can't hold you to the entire lease if he can re-let the apartment.

I would suggest a lump sum settlement. Offer to pay 1.5 to 2.0 months of rent and settle the lease in that way. The settlement of the lease may be deductible if there is a greater than 35 mile difference between your old job and your new place of employment (but consult a tax attorney on that issue).

If you continue to have problems you should contact an attorney to negotiate out an acceptable resolution for you.

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Answered on 11/22/01, 4:09 pm


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