Legal Question in Landlord & Tenant Law in Missouri
I gave 30 days notice to my landlord, but they said they need 60.
I signed a 1 year lease that ends on July 31. I gave a written notice that I was leaving at the end of July on June 23, but they told me that I am supossed to give a 60 day notice. They said it was their automatic renewal policy (not in bold print), and that I would have to pay for August as well. My rent is $620, and they told me that the August payment would be $839. Since I bought a home my 1st morgage payment is also August 1st. Is there any way by law that I can get out of paying the added month? I have forfilled the 1 year agreement, and did not know about the 60 day policy until it was too late. Shouldn't they have let me know 60 days in advance? Also they told me that wouldn't let me renew my lease, but they want me to pay another month. One more thing , the rent I pay does not match the rent amont on the lease, doesn't that make the lease a void contract? Thank you,
1 Answer from Attorneys
Re: I gave 30 days notice to my landlord, but they said they need 60.
Unless the language of the lease says you have to give 60 days, you only have to give 30 days. Their policy does not trump Missouri law. Since you gave notice more than 30 days before the last rent check was due, you do not owe for August.
More importantly, if they refused to extend you a new lease at the end of the term, then it would seem logical to me that they can't ask you to pay rent. More importantly, even if the court somehow found for them, they have a duty to mitigate damages. They could only charge you the difference between what you would have owed, and what they received from a new renter.
You need an attorney to give them a jingle and let them know you won't be taken to the cleaners. Also, if they try to take this out of your security deposit, the statute will allow you to get back 2 times the amount of the deposit.
Good luck.
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