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I lived in an apartment with two room mates and myself. We

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had a lease signed from...
I lived in an apartment with two room mates and myself. We had a lease signed from June of 2015, to June of 2016. In February of 2016, one roommate had to leave and was forced to break the current leese. The Landlord re-issued a new leese to be signed by my roommate and I for March or 2016, to March of 2017. We only received one copy of the leese. The landlord did not have 2. We were to sign the leese and give it back to him. The re issued leese was never signed by myself or my roommate and I still have this in my possession. My job changed and I was forced to move so I told my landlord three weeks out. He asked if we were going to pay until March of 2017 or break the leese. We were never actually on a leese as of March since we did not sign it after being re issued. He now claims that we are month to month since our old lease in June automatically rolls into month to month. This struck me as odd considering that leese was broken when our third roommate had moved out. He now says that he needed two month notice and is trying to make us pay for all of this month (August) and part of October as well. We never signed the new lease and the old lease was broken due to our roommate moving out. On our old lease we have three signatures on it but only two of us lived there. Do I have to pay him this rent and the pro rated rent for October if he has no physical copy of the re issued lease?
Submitted: 1 year ago.Category: Landlord-Tenant
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9/6/2016
Lawyer: LandlordTenantAnswer, Attorney replied 1 year ago
LandlordTenantAnswer
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Lawyer: LandlordTenantAnswer, Attorney replied 1 year ago

Can you share with me what State this in is? Just to be clear, the old lease with actually terminated by the landlord, which had all 3 of you on it?

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Customer reply replied 1 year ago
Missouri. The old lease that expired in June was was broken in February, of the same year. The land lord said he was to re issue is a new lease for a one year agreement so it only had our names on it. This was never signed or turned in. He never picked it up like he said he was going to. By re issuing us another lease, doesn't that suggest that the old one was broken?
Lawyer: LandlordTenantAnswer, Attorney replied 1 year ago

Thank you. Please allow me a moment

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Lawyer: LandlordTenantAnswer, Attorney replied 1 year ago

Since the new lease was never signed and returned to the landlord, it would not have any legal effect. In addition, the old lease had expired, at which point you would be considered a month to month tenant. With that being said and I have provided for you review below, the Missouri statutes which control, so you can see the proper notice, depending on the situation. In this case, the landlord could argue since the tenancy was year to year, that a 60 day notice would need to be given, if you intended to vacate. It is those tenancies that are less then a year and month to month, which require a 30 day notice. As such, if you are now vacating, the landlord could argue you need to give a 60 day notice and if you vacate prior to the 60 days, would need to pay for the rent, while the property remains idle.Tenancy from year to year, how terminated.

441.050. Either party may terminate a tenancy from year to year by giving notice, in writing, of his intention to terminate the same, not less than sixty days next before the end of the year.

(RSMo 1939 § 2969)

Prior revisions: 1929 § 2583; 1919 § 6879; 1909 § 7882

CROSS REFERENCE:

Service of notice, generally, 1.190

Tenancy at will, sufferance, month to month, how terminated--judgmentof eviction, how effectuated, landlord's liability.

441.060. 1. A tenancy at will or by sufferance, or for less than one year, may be terminated by the person entitled to the possession by giving one month's notice, in writing, to the person in possession, requiring the person in possession to vacate the premises.

2. An occupancy limitation of two persons per bedroom residing in a dwelling unit shall be presumed reasonable for this state. The two-person limitation shall not apply to a child or children born to the tenants during the course of the lease.

3. Except as otherwise provided by law, all contracts or agreements for the leasing, renting or occupation of stores, shops, houses, tenements or other buildings in cities, towns or villages, and of stores, shops, houses, tenements or other buildings except when such leasing, renting or occupation is as tenant of real estate used or rented for agricultural purposes, other than garden purposes, not made in writing, signed by the parties thereto, or their agents, shall be held and taken to be tenancies from month to month, and all such tenancies may be terminated by either party thereto, or the party's agent, giving to the other party, or the party's agent, one month's notice, in writing, of the party's intention to terminate such tenancy.

4. (1) Except as provided in subdivision (2), the landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other party stating that the tenancy shall terminate upon a periodic rent-paying date not less than one month after the receipt of the notice.

(2) When a person occupies and has an ownership interest in a mobile home and is leasing the land or the lot upon which the mobile home is located, a tenancy for less than one year may be terminated by the landlord by giving written notice to the tenant that the tenancy shall terminate not sooner than sixty days from the date the rent payment next becomes due, notwithstanding any written lease provision regarding earlier lease termination to the contrary.

5. If after the rendition of a judgment and a request for an execution on any judgment rendered in an action pursuant to chapter 524, chapter 534, chapter 535, or this chapter and there is no stay of execution, the service officer fails to deliver possession of the premises to the landlord within seven days of the delivery of the writ to such officer, the landlord may, within sixty days of the date of the judgment, in the presence of a municipal or county law enforcement officer of the jurisdiction in which the premises are located, without breach of the peace, break and remove locks, enter and take possession of the premises and remove any household goods, furnishings, fixtures or any other personal property left in or at the premises, provided the law enforcement officer is first presented a true copy of the judgment and order of execution, and the law enforcement officer acknowledges in writing such presentation, and such acknowledgment is filed in court by the plaintiff within five days following taking possession of the premises.

6. Except for negligent, willful or wanton acts or omissions of the landlord, or failure to both timely obtain and file the law enforcement officer acknowledgment described in the preceding subsection, the landlord shall have no liability for loss or damage to any household goods, furnishings, fixtures or any other personal property left in or at the dwelling unit, by reason of the landlord's removal of the property in accordance with the provisions of this section.

(RSMo 1939 § 2971, A.L. 1951 p. 747, A.L. 1997 H.B. 361)

Prior revisions: 1929 § 2584; 1919 § 6880; 1909 § 7883

CROSS REFERENCE:

Leases, not in writing, operate as estates at will, 432.050

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Lawyer: LandlordTenantAnswer, Attorney replied 1 year ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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