Legal Question in Landlord & Tenant Law in Missouri
Landlord witholding last months rent
Our lease states that we give 30 days notice prior to moving out. However, do to circumstances we could only give 23. We paid our August(last months) rent on Aug 1st. And gave our notice of moving on August 8. We moved out as of August 31. Our landlord is saying that since we did not give 30 days notice he will not give our last months rent back to us that we paid in conjuction with our first months rent 12 months ago. I do not believe is states in the lease that if we do not give 30 days notice we lose our last months rent. Also in the lease this is not listed as a deposit, but as last months rent. Is this legal? Or should they refund us our lasts months rent since we fulfilled the 12 month lease. We asked if they could prorate our last months rent as of Sep 8th since that would be 30 days. And they said they have to receive notice of moving prior to the first of the month that you are moving? Is this correct?
1 Answer from Attorneys
Re: Landlord witholding last months rent
It appears that the landlord is correct. If you gave Notice on August 8, it would generally be effective as if leaving on September 30th. In most cases, you are responsible for paying rent through that date. However, not all leasesa are worded the same. It may be possible, although unlikely, that your lease would make your notice effective as to September 8th.
Good Luck.
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