Legal Question in Landlord & Tenant Law in Missouri

Hello,

I paid for a storage unit, including three months advanced pay and a down payment. The contract says: "Rent is to be paid on or before the 8th day of the month. This agreement is for a term of one month and will automatically renew each month unless either party gives the other notice of his intent not to renew before the current month's end... In addition to the stated rent, any rental payments made after the due date will be charged an additional rent of $1.00 per day that such payment is late."

I have a witness that will agree that I said I planned on not renewing for a fourth month. I was five days late in clearing out the unit, and expected them to take five dollars from my deposit. However, they kept my deposit, claiming that they put it to another month's payment, despite me saying I did not intend to to stay for another month. When asked why and tried to explain what the contract said, they said that is how they always did business and that's how they always will do business. Is that legal fro them to take my money like that?


Asked on 9/08/10, 1:21 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Had you gotten yrou stuff out before the end fo the month, you might be owed th full return of yrou deposit. But, since yrou stuff was there, you used the facility. Unless you notice of yrou intnent to not renew the lease was in writing, it is very probably that your statement now that you did not intend to rent for another month, will get drowned out by the action of actually leaving yoru stuff in the facility beyond the end of the month. You may have right to three weeks of rent, but it would probably cost you more to prove that then you would get in return.

Good luck

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Answered on 9/13/10, 2:48 pm


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