Legal Question in Landlord & Tenant Law in Missouri
Terminating an apartment lease
I have been renting a condo since 96'. the owner lives in TX & my lease was signed by another party who had rights to do so. The owner is selling the condo. I found out from the RE Agent. The agent asked on several occassions if I had received any letter from the owner. I had not. The RE agent stated the owner had Fedex and certified mailed me something in regards to terminating the lease. Again I got nothing. The RE agent said she had an E-mail and would forward it to me, however my lease clearly states any letters shall be via first class mail. I got a copy of the E-mail the 2nd day into the month the lease was to end. On the final day of the month I called the owner and asked to extend my lease for one month & use my deposit(1 month rent)for rent or send a check for the month. She went nuts & said she gave notice & to get out. I'm still here & she calls daily, but I don't want to talk to her on the phone only thru the mail for record purposes. Do I have any rights? Please help as I dont want trouble, just the extra month to get my place ready and I just had surgery today and need a little recover time. Thanks for any advice.
1 Answer from Attorneys
Re: Terminating an apartment lease
The landlord's remedy is by an action for unlawful detainer, which is going to cost her a lot more money than allowing you to rent the place another month. Tell her that her notice to quit was ineffective because it did not comply with the lease, and that if she wants to do anything about it, she'll have to see a lawyer.
My guess is she won't because she'll figure out pretty quickly that it will cost her more to do that from Texas than it will to let you have the last month.
Good luck.
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