Legal Question in Real Estate Law in Missouri

Assignment of Apartment Keys-Establishes Contract?

We had a verbal commitment from our landlord that the apartment we had moved out of would be rented to another tenant. The landlord had spoken with this tenant and was working things out with her. He sent her the lease via FEDEX. Prior to her signing the lease, the landlord gave the on-site manager approval to give her the keys. Upon receipt of keys, she moved in (again before the lease was signed). The next day, the landlord called us and indicated that he might change his mind due to some credit questions. We told him that she had already moved in. When we asked how she got the keys, he said that he authorized them to be given to her. Our lease technically does not expire until 9/02. Our landlord said that if a tenant was found, he would let us out of the lease.

QUESTION: Since our landlord gave her the keys, does this indicate assignment of the contract in any way or a non-verbal contract?

For now, he has told us we need to sit tight until a decision is made. We are still making rent payments, but can't show the place because she is in it. We think that because he gave her the keys and allowed her to move in, it is his problem, not ours.


Asked on 2/18/02, 4:47 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Assignment of Apartment Keys-Establishes Contract?

I do not believe that the landlord authorizing the giving of the keys to the new tenants would operate as an assignment of the lease. Presumably the landlord has the right to negotiate an entirely new lease with the new tenants. An assignment would mean that every term of the old lease would be binding upon the new parties. In order for an attorney to give you competent legal advice on whether or not you are released from possible further obligations, the attorney would need to read the lease and possibly research the law. Generally speaking however, the landlord is required to find new tenants in order to mitigate any damges you might suffer as a result of vacating the premises before expiration of the lease. If this turns into a legal problem for you, and I hope that it does not, you may call me for a free telephone consultation at 314-727-2822.

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Answered on 2/18/02, 7:24 pm


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