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.


Asked on 2/03/99, 4:35 pm

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.


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Answered on 2/09/99, 1:58 am


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