Legal Question in Real Estate Law in Missouri

Re: Eviction cancels lease agreement?

You question begs for more information, in order to be answered. Missouri does impose some statutory terms to residential lease agreements. However, more than many other states, it allows wide latitude for the lessor and the lessee to make "private law." This is to say that you can agree by contract to terms that might be stautorily prohibited in other states, but now are enforceable in court amongst the two parties.

I do not know what was in your son's lease. So I can't fully answer your question. However, if he vacates during the period of the original demand to vacate, he would have a good chance to defeat a later attempt to collect for the other ten months.

Unless other plans have been made, (that can't be broken), your son should not move out while the lessor intends to charge for the other ten months. It is his only bargaining piece. However, he must get his rent payuments current immediately, and stay current. If the lessor refuses to accept the rent, than that should be well documented, and better if witnessed by someone who could likely testify later.

Good Luck, Please contact me if you wish to discuss this matter further

Tony Smith