Legal Question in Landlord & Tenant Law in Missouri
Ok, so i just got a 2 br apartment a month ago with my two children. My oldest is 18 so she signed the lease with me and was sharing a bedroom with her younger sister. The lease states that her child support would be paying the rent. she said she wanted to live with me and that she was going to go to school this fall, meaning that her child support would still be paying the rent. Well, she went to her dad's this past weekend for her normal visit and then she called the day she was supposed to come home and said she wanted to live with her dad and then when i tried talking to her, her dad got on the phone told me she was staying with him and refused to let me talk to her. My daughter had no plans on not coming home, she picked out a cake for her graduation party that was supposed to be on the night she came home from her dad's, which never happened. I know he pressured her into staying with him, he did the same thing with my son as soon as he graduated also. He made him promises that never happend and i know he has done the same with our daughter. she is 18 but she doesn't have the mentality of an 18 year old. she is very withdrawn and basically if you talk at her and she doesn't understand or doesn't know what to do she shuts down and just cries. I don't know what to do, my other daughter and i can't afford to pay the rent without her child support and we told her that before we got the place, because i needed to know if i needed to find someplace cheaper, but she said she wanted to stay with us and she liked that apartment place. Isn't she legally responsible to stay or at least continue to pay rent?? I can't just find another tenent since she was sharing a bunkbed with her sister, so what can i do?? if i can't come up with rent by the beginning of the month, then my daughter and i have no place to stay we will have an eviction on our record and we wont be able to rent again and neither will my oldest and she doesn't understand that. Please help me!!!!
1 Answer from Attorneys
Under the facts you describe,it apepars taht your daughter is liable for the unpaid rent. (you each are liable for the full amount) If you cannot pay the entire amount, then the landlord can come after either of both of you. Your ex may still be liable to you for the child support. You should speak with the attorney that represented you last in the custody matter.
On a mopre practical note, perhaps you an your other daughter can share a bunkbed for some time, which would allow you to sublet the other room.
Good luck