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I don't have much time, I have leased an apt. In Springfield…

Customer Question
Please I don't have...

Please I don't have much time, I have leased an apt. In Springfield mo. Which states as follows, term of lease, initial term of this lease agreement shall be for 12 months the initial term shall commence March 31,2016, and shall terminate at 12 noon on March 30,2017, next paragraph states automatic renewal for a successive term of equal duration as initial term. Anyway. I don't see how it's legal to have different terms on lease also they have changed thing on my intial lease with out my knowledge or signing. Is this legal ? My health is not good and I'm needing to move and they won't let me out of lease , also the upstairs's tenant flooded my apt , I had call maitance emergency number as well as manager with no answer from either left messenger to both. 5 hours later maitance finally showed up stated on just turn your floor fans on it will dry , but my walls and ceilings were all wet. Maitance left. At 310 a.m. I heard more water, coming from main bathroom fan water was everywhere yet again, tried calling maitance, no one came to help me with this till after 2pm that afternoon. All they could say was oh God I didn't know it was this bad. They had carpet company come in and broght these loud machines that they said had to run till everything was dry it ran for 86.4 hours they set my heat up from 67 to 75 and said it had to stay there don't move thermostat. It took a whole week to dry and repair my walls and ceiling dry carpet, and they don't want to compensate me for all I had to go thru bc of another tenant. Or let me out of this lease

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Springfield Missouri

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

This lease has a lot to do with his home's not much on the apartments. You know I'm disabled and heart patient I can't deal with this crap. Any more. I've gone thru 8 managers since I've been here and they keep changing things on my lease with my knowledge

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at this time

Submitted: 3 months ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
3/28/2018
Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 125,828
Experience: Attorney with over 24 years experience.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under MO law, the landlord must provide you a habitable premises, meaning one you can live in. Your landlord has to make reasonable repairs within a reasonable time and when your premises is not habitable, like you described above, the landlord has to pay for you to stay elsewhere.

The lease can have an automatic renewal clause, that is not in conflict, but what you have here is a breach of contract. If you have a breach of contract, that is your right to terminate the lease and also sue the owner/landlord for their breach and seek all of your damages, such as return of rent for days you could not live in the premises AND the costs of you having to move.

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Customer reply replied 3 months ago
your saying they breached the contract for what reason. You see my lease states that I receive free cable,internet,water and trash. Then they put note on doors stating we are being charged for the free services $20.00 month. Then my lease states when rent is due on holiday or Sunday it's due the next business day. Now they stuck a note on managers door stating no matter if the first falls in a holiday or Sunday it is due on the first no matter what and you will be charged a late fee never received a new lease stating these changes .
Customer reply replied 3 months ago
My lease states I have till midnight on the first . Note on her door has to be paid by 530 pm. Or your late. I'm disabled and a heart patient. I can't continue with this stress I've already had 2 heart attacks in the last 6 months. Per Dr's orders she doesn't want me to live alone anymore I've told this to other manager and owner said if I pay him for 2 months rent and go ahead and move he'd let me out of lease. I feel I'm stuck here forever cause I don't have that kind of money
Lawyer: Law Educator, Esq., Attorney replied 3 months ago

Thank you for your reply.

Actually, you describe them breaching the lease, so you can still sue for breach of lease. They cannot change terms of your lease without another signed agreement. So I would suggest to you that since you are on limited funds you go to legal aid for assistance in pursuing a breach of lease claim and seeking damages.

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