Legal Question in Credit and Debt Law in Missouri

Debt notification

What are the laws concerning debt notification. I have a friend who mailed a payment to an apartment complex to release them from an early lease. The payment was a money order. The apartment complex never notified them that the payment was never received. My friend just happened to call them to refer someone to them and at that time were told that they owed 2600 dollars. The apartment complex said they sent a letter to my friends address at their apartment complex concerning the matter but they were well aware that the person had already moved out. The apartment complex also had phone numbers for them but never tried calling and never tried contacting the person after receiving the letter back from the post office stating the person no longer lived on their complex. Are they now liable for the 2600 since they were never notified or just for the 1 months rent of the original agreement?


Asked on 5/25/05, 7:38 pm

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

Re: Debt notification

An action on a writing, like a lease, can be brought at any time within 10 years in Missouri. Theoretically you could wait 9 years, 11 months, and 29 days and decide to file suit. Courts don't like it, but they have to enforce the law as its written.

The issue of the mitigation of rent, however, is another story. Generally speaking a landlord has a duty to mitigate its damages. That means if the apartment could be relet, it had to be relet. The costs of advertising and releting the apartment are part of the apartment house's damages, but not the full 9 or 10 months rent. Your friend's duty to pay rent ended on the day that anyone else moved into that apartment, and the lessor can't get a double recovery (i.e., get $2600 from them and the rent from the other renters). The best thing to do is get an attorney involved to negotiate a fair resolution.

Good luck.

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Answered on 5/26/05, 4:27 am


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