Legal Question in Civil Litigation in Missouri

Hello,

My husband have a situation that we are not sure how to handle. We have a tenant who is in our house that was up for sale. We only agreed to let her move in based on the fact that she was going to buy the home and we made her sign a 1 year lease just in case the sale fail through. Will the house did not pass inspection for the particular government loan she was trying to get. The repairs that were going to have to be done for her to get the loan were ridiculous and was going to cost us way too much money. We had already went down a lot in price for her to be able to buy the house. She is now moving out the end of this month and her lease does not end until Feb. 2011. She is saying that she is going to claim constructional eviction based upon the inspection report as her proof. I told her that inspection report doesn't have anything to do with the lease agreement she signed. Do we have anything to worry about if we do decide to take her to court to get the money she owes for the remainder of the lease period?


Asked on 9/20/10, 9:59 am

1 Answer from Attorneys
Anthony Smith LawSmith

Depending upon the wording of the lease, particularly regarind early termiantion, yo may be able to get one or mroe months of rent in an action on the lease. But, the extent of the reapris needed may provide her with teh defense she seeks. If they are such that the hosue coudl be deemd uninhabitable, then she may be able to get out. If they are merely such that the lender would not loan, but the house is otherwise livable, then she loses. It is uncommon for a lessor (you) to get all future rents if the defendant appears at court and denies the claim. You may have to show effort and expense in trying to relet the premises to another tenant.

Good luck

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Answered on 10/04/10, 11:33 am


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