This is a question for my mom who is in Europe right now. She is a retired Missouri Probation & Parole officer, her previous landlord is trying to keep her deposit. She lived in this house for three years and got along great with them. Everything was fine until she moved out in Apr. 2007. Her first lease was from May 15 2004 to May 14 2005, she entered into that contract on Apr. 28 2004. The second lease was from May 1 2005 to Apr. 30 2006 entered into on Apr. 28 2005. Now all was good until she wants to renew for a third year and come Apr. of 2006 she asks them for months where's the lease I need to sign. She asks this Aug. 2006 when they finally give it to her. The third year lease entered into on Aug. 4 2006 is from June 1 2006 to May 31 2006. That is what screws her up. She trusted that they would make it the same dates as before and not looking at it, she signs it. They are saying now that she moved out one month early by moving out the end of Apr. Does she have a case?
2007-06-11 20:07:03 · 3 answers · asked by Lisa I 3 in Business & Finance ➔ Renting & Real Estate
This is in Missouri btw.
2007-06-11 20:08:56 · update #1
She gave notice in Jan. to move and they said nothing.
2007-06-11 20:09:51 · update #2
Unfortunately she signed the lease. It is vital to read things before putting your signature on the paper. She could fight it, but the question is, would it be worth all the trouble and expense to do so. If she was signing a lease in the month of August, it was unwise of her not to read the dates, especially since they dragged it out.
2007-06-11 20:13:46 · answer #1 · answered by ontheroadagainwithoutyou 6 · 0⤊ 0⤋
The 3rd lease, signed in August, 2006 actually runs until July 2007 NOT May 31, 2007 (I'm assuming you meant 2007, not 2006) unless it was a 10 month lease. You can't backdate a lease.
If she broke the lease by moving out early -- and it looks as if she did -- and the landlord is only holding her for the deposit she should consider herself lucky. Her actual liability is for the entire term of the lease or until the landlord re-lets the place. Most courts have held that 2 months is sufficient time to find a replacement tenant so that could limit her liability.
Anyone who signs an agreement without reading it deserves whatever they get stuck with. If she knew she was planning on leaving in April, 2007 she should have verified the ending date of the lease and negotiated the terms as needed.
She has absolutely no case what so ever, ESPECIALLY in MO, which isn't noted for its tenant protections at least at the state level.
2007-06-11 23:39:58 · answer #2 · answered by Bostonian In MO 7 · 1⤊ 0⤋
It sounds more like she assumed they would make if for the same dates.
Courts usually don't side with people that blindly sign documents without reading them.
I'm not a lawyer but I'm a real estate broker and have drafted as well as signed lots of leases. You need to read stuff before you put your name on it.
I don't think she has much change of prevailing in court but if she wants to give it a shot she could get into small claims court (usually called general sessions court) for a modest filing fee and plead her case to a judge.
Might be cheaper just to write off the deposit and enjoy her stay in Europe.
2007-06-12 01:45:27 · answer #3 · answered by VolunteerJim 3 · 0⤊ 0⤋