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Am I on a roll over lease ? help

Discussion in 'Rental Agreements & Subleases' started by cherri56, Jun 6, 2016.

  1. cherri56

    cherri56 Law Topic Starter New Member

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    Jurisdiction:
    Missouri
    Hi,
    I need to move, my adult son and I signed a 1 year lease 3-3-2015.
    it is now 6-6-2016.
    No new lease was signed or even mentioned.
    no notices sent from my land lord.
    I called her to let her know I will sending her a notice to end tenancy
    and she informed me I am on a roll over lease.
    As many times I have read this I'm still not sure.
    I am current on my rent ,as land lord excepts the payments.

    This is the part of this lease that explains,
    Any information would be greatly appreciated.
    Lease is as follows,

    This agreement made this 03rd day of March 2015 by and between (land lady's name) herein called " Landlord", and (mine and sons name) herein called "Tenants",. Landlord hereby agrees to rent to Tenants the real property located in the City of St. Louis , Mo.described as follows : (address).Commencing on the 3rd day of March,2015 and monthly thereafter until the 03rd day of March 2016 at which time this agreement is terminated, but possible renewal if agreed upon! If Tenant chooses not to renew rental agreement they must give a thirty day notice in writing that they are vacating the premises by Feb. 03,2016


    Thank you for your time .
    cherri
     
    Last edited: Jun 6, 2016
  2. army judge

    army judge Super Moderator

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    You failed to notify your LL that you wanted out of the lease.
    By failing to do so, your lease automatically renewed for another year.

    Some states disallow automatic renewals without affirmative action on the part of the tenant.

    MO apparently allows automatic renewals.

    You can ask your LL if its possible to BUY your way out of the lease.
    If she refuses, or you can't afford the BUY out, you might want to send your WRITTEN non-renewal notice today.


    Ending a Lease or Rental Agreement FAQs - FindLaw


    Renter's Rights Breaking a Lease in Missouri | Nolo.com
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Actually it doesn't. Especially in OP's case.

    Missouri landlord tenant statute:

    "441.120. 1. In all cases where a tenant holds over after the termination of the time for which the premises were let or leased, under a written contract between the lessor or his agent and the tenant or his agent, in any suit for possession by the party entitled to possession of said premises against such tenant, after the termination of the time for which said premises were let or leased under written contract, oral evidence shall not be admissible that said lease or letting was renewed or extended, or that a new contract was entered into or substituted for the written contract, but the tenant's right to continued possession or the landlord's right to collect rent on said premises after the termination thereof, shall be established by contract in writing; provided, however, this section shall not prevent a recovery of damages by either party for breach of the written contract."

    In other words, the agreement for a one year renewal would have to have been in writing to be enforceable.

    Cherri56, you are on a month to month tenancy (also known as "tenancy at will").

    "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."

    Go ahead and send your written notice along with printouts of the statute provisions.

    For future reference, educate yourself on the provisions of the landlord tenant statutes:

    2015 Missouri Revised Statutes :: TITLE XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY (441-448) :: Chapter 441 Landlord and Tenant

    The Security Deposit statute:

    2015 Missouri Revised Statutes :: TITLE XXXVI STATUTORY ACTIONS AND TORTS (521-538) :: Chapter 535 Landlord-Tenant Actions :: Section 535.300 Security deposits, limitation--return of deposit or notice of damages, when--withholding deposit, when--tenant's right to damages--security deposit defined.

    And the eviction statute:

    2015 Missouri Revised Statutes :: TITLE XXXVI STATUTORY ACTIONS AND TORTS (521-538) :: Chapter 535 Landlord-Tenant Actions

    PS: Always rely on the actual statutes and avoid website guides.
     
  4. army judge

    army judge Super Moderator

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    The language in the original lease created the automatic renewal, ABSENT affirmative action by the tenant.



    This agreement made this 03rd day of March 2015 by and between (land lady's name) herein called " Landlord", and (mine and sons name) herein called "Tenants",. Landlord hereby agrees to rent to Tenants the real property located in the City of St. Louis , Mo.described as follows : (address).

    Commencing on the 3rd day of March,2015 and monthly thereafter until the 03rd day of March 2016 at which time this agreement is terminated, but possible renewal if agreed upon!

    If Tenant chooses not to renew rental agreement they must give a thirty day notice in writing that they are vacating the premises by Feb. 03,2016




    I dislike such leases, but was unable to find a statute that disallowed automatic renewals.

    My reading of their laws seems to say its allowed.

    An acceptance is also buttressed by paying rent after the lease automatically renewed.

    Your cite refers to oral renewals, not specific language in the lease.
     
  5. cherri56

    cherri56 Law Topic Starter New Member

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    Thank you so much for your help. Im so relieved. Thank you : )
     
  6. army judge

    army judge Super Moderator

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    Sorry, but read my post above yours.
     
  7. cherri56

    cherri56 Law Topic Starter New Member

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  8. cherri56

    cherri56 Law Topic Starter New Member

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    thank you , yes Iv'e not been able to find the specific words of that.
     
  9. cherri56

    cherri56 Law Topic Starter New Member

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    yes I seen it thank you , not good
     
  10. adjusterjack

    adjusterjack Super Moderator

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    That agreement has to be in writing per the statute.

    That's my story and I'm sticking to it.

    :p
     
  11. army judge

    army judge Super Moderator

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    The language in your lease required you to give written notice of non-renewal 30 days before your lease expiration.

    You evidently didn't do that, so the language in the lease allowed the lease to auto-renew.

    In your state, that seems to be allowed.

    You can call a couple local real estate lawyers and ask if its allowed statutorily in MO just to be sure.

    Most will answer one simple question for no cost.

    Good luck.
     
  12. cherri56

    cherri56 Law Topic Starter New Member

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    I should send today? even if I have 8 more months on this lease. I recently got my section 8 voucher I will loose it by then. : (
     
  13. army judge

    army judge Super Moderator

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    Agreement is accomplished in MO by the tenant PAYING beyond the original lease date, and the landlord accepting such payment.

    Army Judge's believe it or not. LMFAO
     
  14. cherri56

    cherri56 Law Topic Starter New Member

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  15. army judge

    army judge Super Moderator

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    Before you do anything, seek guidance from the section eight agency.
    Section eight can sometimes do things easier to help a client avoid court.
     
  16. adjusterjack

    adjusterjack Super Moderator

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    Yes, it auto-renewed on a month to month basis since there was no written agreement for a one year renewal.

    Good idea.

    True, but still month to month.
     
  17. cherri56

    cherri56 Law Topic Starter New Member

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    a good idea , I will do that
    yes im trying hard to get through
     
  18. army judge

    army judge Super Moderator

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    Where, you ask?

    Unless I'm being paid, which I rarely do these days, I use what my torts law professor called his "toilet technique":

    Fill up the toilet bowl for the case at hand, flush it after you've finished using it. LOL
     
  19. army judge

    army judge Super Moderator

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    One more thing, if section eight can't help you, maybe a friendly chat with your landlord telling them your section eight expires in six or seven months, asking her to work with you could be very helpful.

    I've found it's often easier to talk informally, person to person, face to face; reaching a compromise everyone can live with.

    I bet she'll surprise you when you're honest with her.

    You seem like a great tenant.
     
  20. adjusterjack

    adjusterjack Super Moderator

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    I don't have the benefit of a law school education so I prefer to cite the authorities that support my conclusions rather than risk clogging up my toilet.
     

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