Legal Question in Landlord & Tenant Law in Missouri

Lease termination

We have recently extended our lease for another year effective July 1, 2004. On 6-28-04, we found out that we were being transferred out of state. We contacted our property manager on 6-29-04 to find out what we needed to do to break our lease. We were told we would have to pay rent until our home is rented to someone else. Our lease states ''Lessee is required to give the owner 60 days notice prior to vacating the premises.'' Our payment terms state ''Lessee agrees to pay as rent for said premises the sum of $xxx.xx per month, payable in advance, during the entire term at the office of ...'' Based on this are we required to only pay 2 months rent or are we required to pay the rent until it is rented out? We were also told we would have to pay 1/2 months rent in order for her to begin showing the house again, but our lease does not say that anywhere or anything to this effect. Is this customary?


Asked on 6/30/04, 12:12 am

1 Answer from Attorneys
J. Matthew Guilfoil The Guilfoil Law Group, L.L.C.

Re: Lease termination

If your lease provides as it says, you should be able to give 60 days notice. Pay close attention to when he rerents the premises and someone is living there after you. Should he try to "double dip" and collect from two people at once, the court will probably not sustain this windfall. The principle is landlord has to "mitigate damages."

BE SURE you give him the sixty day notice in writing, SEND IT CERTIFIED MAIL so you have proof, and only pay rent for that time. Wait and see what he does with your security deposit, and then file your own claim back against him if he improperly keeps it.

Good luck. Matthew Guilfoil, 816-842-3717

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Answered on 6/30/04, 4:40 pm


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