Legal Question in Real Estate Law in Missouri
Basic information: I have a question regarding my son and his wife which live in Branson, MO, in an apartment. They have previously signed a one year lease which has expired, therefore, I assume that it is considered a month to month now. The landlord lives out of state, therefore, any contact is via the phone.
The problem: The kids came down to SW Arkansas to visit and were here for three days. When they returned and going about their business getting ready for work, they noticed that the carpet was wet around the closet which holds the furnace. This had occurred one time before while they were home and supposedly it was fixed and the carpet was cleaned. No problem. This time it had sit there for the three days while they were gone and before they left for work they both started to not feel well. My daughter-in-law finally had to go to the emergency room with an severe asthma attack. They contacted the landlord and he agreed to pay for a couple of nights in a hotel untill the carpet could be cleaned. He was not so sure about the hospital bill since he didn't know how much that would be. The next day they called the landlord again and told he that they would be staying with an uncle of my daughter-in-law and gave him their 30 days notice of leaving the apartment. He seemed at that point to get irritated and told them that they needed to pay for August rent with the deduction of the hotel bill. They have started moving their things out into a storage facility and will remain staying with the uncle.
Can you tell me what rights they have and what they should do in an effort the not pay for the month of August and retain their security deposit.
Thank you - Grandma Diane
1 Answer from Attorneys
If he notice of termiantion of hte lese was givne prior to August first, then the tenants only owe for the month of August. It is kind that the landlord is allowing them to deduct the expense of the hotel. Under the facts you described, the landlord does not appear to be liable for the hotel stay or the hospital bill. Other or additional facts may change that determination.
God luck
Related Questions & Answers
-
How does a person go about responding to a quiet title action? Asked 8/03/10, 4:12 am in United States Missouri Real Estate and Real Property