Legal Question in Real Estate Law in Missouri
Can I get out of a multiple party lease?
I live in Missouri and I signed a 1 year lease with two other roomates. I then moved and my former landlord told me I would be able to get out of the lease. I knew I would not get my deposit back but I just wanted out of the lease because there were still 4 months left on it. When I told him for certain that I wanted out of the lease he changed his story. He said there was a Missouri state law that says one person can't get out of a lease if they have signed it along with other people. I am wondering if this is true. I need out of this lease.
1 Answer from Attorneys
Re: Can I get out of a multiple party lease?
I don't think that's quite what the law says, though
I could be wrong.
There's a phrase "joint and severally liable" (severally
means individually, really) which is probably the state law
default when several people sign the same lease. That doesn't
mean that the law forbids a different arrangement. But it is
probably correct.
You've moved already? What happens if you just don't pay your
share of the rent? Were your roommates planning to pick up the
balance or find a replacement or just stiff the landlord for your
third?
If the full rent isn't paid, theoretically he could evict the other
two people; but he'd have to take them to court, probably, and there
you would be telling the judge that he had TOLD you you could leave
early without having to pay the last four months and then later changed
his mind. It's not going to win him any points, I would think, and the
judge could rule against him. But written agreements USUALLY take
precedence over oral ones, though not always; he may disagree with you
on what was meant by "yes, you may leave", etc. You need to consult
a local attorney more expert in your state's laws.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.