Legal Question in Landlord & Tenant Law in Missouri
in Missouri, is a prop mgmt company able to "auto-renew" a lease for a residental rental, without any kind of notification--until JULY of 2012 (original lease requires 60 day notice if moving), and then not present me with an updated agreement, claiming she "mailed" it. stating, "its not MY problem if you didnt get it, youre still required to fill it out and return it". she has not presented me with any proof (reg letter) that it was mailed and how am i suppose to 'sign n return' somethin i never received?
1 Answer from Attorneys
The wordingof your previous lease agreement will likely define the powers of either party to "auto renew" the lease as you described it. As i understnd it, you opet\ed not to give a 60 day notice, and the leasor assumed you \had agreed to renew the lease. IT i sunlikely that this renewal woudl include changes to the term of the lease, unless the previous one indicated tha tchanges woudl be anticipated and assumed ot be agreed if someting did (mailing) or did not (opt out) occur at the termination time fo the originalk lease, or some time soon before.
If you continued to live ther after the original lease period was up, the court will likely assume you either agreed to renew the lease or became a month-to-month tenant. Again, your oringial written lease will probalby determine which occurred.
Good luck