Legal Question in Landlord & Tenant Law in Missouri

Effectivity of a Lease Before Living in Premises

Hi. I currently applied to live in an apartment complex, using co-signers and paying first months deposit, along with an application fee. I was never told if I was approved on that day, and subsequently had no communication for days afterwards. Well, before they had told me any sort of confirmation, circumstances pulled me to a different area, thus not allowing me to live there. Well, I let them know that, and they said that I'm contractually bound to live there, even though I've never set foot in my supposed new apartment, nor do I even have the keys. In fact, their move in date is scheduled for July 11th. I was wondering how I can get out of this, or do they even have a case against me. I understand I'll probably lose my deposit and what not, but what I don't understand is how I'm obligated to live there if I haven't even moved in yet or anything. Please help.


Asked on 6/13/06, 3:22 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Effectivity of a Lease Before Living in Premises

Generally speaking, you are not obligated to live in the apartment. However, as you seem to have deduced, you probably have lost your deposit and may owe some rent. In Missouri there is freedom to contract for leases as teh parties see fit. Without reading your written agreement (lease) it is impossible to tell you whether you have agreed to pay some rent, under the facts you describe. Make sure that you give them written Notice of your intention not to move in, and that they are free to rent the space to other people.

If you are bound to pay some rent, you may be able to sublet the apartment to someone else.

Good Luck

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Answered on 6/13/06, 10:32 pm


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