1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Landlord wants me to pay full month rent for a prorated a 10 days of November.

Discussion in 'Commercial Landlord & Tenant Issues' started by Boardumb, Oct 11, 2019.

  1. Boardumb

    Boardumb Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Missouri
    I live in Missouri, and I am on an oral month to month lease. I've had some issues with my landlord/roommate. She's not the legal landlord in a sense, it's an apartment complex but she's the main person on the lease and she is subleasing a room to me. She gave me a 30 day notice on the 10th to vacate the property. That ends November 10th. Now she is telling me I have to pay the full November rent but I can only stay until the 10th. I know legally I'm supposed to be entitled a full month term (so if i was given a 30 day notice yesterday, that 30 day notice doesn't technically start until the first full month, or so I was told.). I want to get out of here as soon as possible, she has been making threats and lies and has been very demeaning and I don't need to be here. I just need to find a new place to live.


    But back to the question, do I have to pay a full month's rent or can I just pay 10 days?
     
  2. army judge

    army judge Super Moderator

    Messages:
    32,713
    Likes Received:
    4,910
    Trophy Points:
    113

    You can pay nothing and stay longer.

    Her notice is simply a request for you to leave.

    If she wants you out, she'll have to take you to court.

    I doubt she has the legal authority to have you evicted, but I know less than you do.

    If she causes a legal ruckus, it'll get the REAL landlord involved, because she is probably not supposed to be renting rooms, assuming she is the REAL leaseholder.

    What you do is up to you.

    You might be able to save your loot and sponge another 2-4 weeks before you scoot.
     
    Boardumb likes this.
  3. Boardumb

    Boardumb Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    Thanks! She's telling me she can knock my credit report and to be honest, for my health it is best if I leave as fast as I can. She's made subtle death threats (not enough to call the cops on) and has accused me of other things that to the point I had to get the police involved in. The sooner I get out the better, just financially I am taking a hit since I paid a deposit and a month's rent and I've only lived there for less than two weeks.
     
  4. adjusterjack

    adjusterjack Super Moderator

    Messages:
    8,198
    Likes Received:
    2,178
    Trophy Points:
    113

    I conclude from your story that your rent is due on the 1st of the month and has been paid for October.

    Then I suggest you not pay her anything more and just get out as soon as you can. You might even have grounds to sue her for your money back since she's the one forcing you out. You can bet she isn't going to give any of it back to you.

    I suggest you start secretly recording everything she says to you. It's legal in MO to do that and could be used in court if you end up there.
     
    Boardumb likes this.
  5. Boardumb

    Boardumb Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    Yes, I paid for October and it started on the 1st of October. I do my best not to talk to her and only communicate via text or email.
     
  6. adjusterjack

    adjusterjack Super Moderator

    Messages:
    8,198
    Likes Received:
    2,178
    Trophy Points:
    113

    Email is preferable. Easier to present as evidence.

    I'm curious. Do you have any idea why she got so hostile so soon?
     
  7. Boardumb

    Boardumb Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    I honestly have no idea, it was like a switch that just flipped. Just one day she demanded that I sign a written out lease and also the house rules, which had some shady parts where we were assigned cleaning zones and if we didn't properly clean eventually she would charge the about $150 a week for maids to come and do it. I wasn't comfortable with signing that portion because it was entirely up to her discretion on what's considered clean. She gave me 24 hours to sign it but she got extremely pushy before even the time limit was up. At that point things escalated extremely quickly. Now she's saying that I have 10 days to move out because she thinks she has I evidence I told her. She's already rented out my room in 10 days so right now I'm slowly moving all my valuables out of the apartment and into storage or a friends place.
     
  8. Red Kayak

    Red Kayak Active Member

    Messages:
    124
    Likes Received:
    124
    Trophy Points:
    43
    Well, on the up side, that makes the issue of November's rent moot.

    And as she's rerented the unit out from under you, you should demand some of October's rent back.

    However, you probably will have to go to small claims to get that and your deposit back.
     
    justblue likes this.
  9. Boardumb

    Boardumb Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    Update: Still living here and found a new place to move in, but I won't be able to move in until the 25th, a week past the 10 days she has told me to move out (even though the eviction notice she gave me says my term is terminated next month.

    When I called the cops, she claimed I told them in a statement that I would be moving out in 10 days. I never told them that.

    She also just sent an email saying that I need to pick up a letter at the post office and the notice for it is in the mailbox. She also says that email is recognized by the courts as official notice and that she has proof the email was delivered and that I made a statement to the police.

    Question 1 - Did the police take a statement if they didn't write anything down?

    question 2 - is anything in this email about official notice even accurate?
     
  10. army judge

    army judge Super Moderator

    Messages:
    32,713
    Likes Received:
    4,910
    Trophy Points:
    113

    What you received is simply a request to vacate.
    It isn't a court order.
    Only a court can evict you.
    That only happens after a trial has transpired.

    The notice and trial process normally takes six to eight weeks, in some cases 12 weeks or more.

    Don't get into a she said, you said.

    Use your right to remain silent and become as invisible as you can, if you wish to coast to some date in the future.


    Do nothing, say nothing, bide your time until the date you are waiting to arrive is here.


    1 = Probably NOT a police report, more like an incident report, but that doesn't matter.

    2 = She can't establish that you even received the email. You don't have to sign for any registered or certified email. You only need to respond to official correspondence from the court. If she is taking you to court to evict you, you'll be served by a sheriff's deputy or process server.

    I suspect she's formalizing her notice for you to vacate.
    If you can get out tomorrow, do it.
    You might consider a hotel/motel, couch surfing, a relative, a friend, etcc just to get away from the unpleasantness.

    If you must stay put until THE DATE arrives, as I suggested above, become INVISIBLE and stay out of everyone's way to ride out the storm until you can make good your escape.
     
    Boardumb and Red Kayak like this.
  11. Boardumb

    Boardumb Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    Thanks for the help everyone. I'm laying low as best I can, moved 90% of my stuff into a storage unit (could easily fit everything in my room into my car besides my matress). I am feeling much better after listening to your advice and am now confident I will get through this. I know she's a pathological liar at this point, but I went to the police department and checked to see if any statements were taken. None were, and the police officer that came the night I called confirmed for me I had 30 days as said in the termination notice.

    At this point it's waiting for an opportunity to move my matress on the 25th but the fact that someone else is moving in before hand is gonna complicate things but the officer said I had the right to take her to court if that happens.
     
  12. mightymoose

    mightymoose Moderator

    Messages:
    11,249
    Likes Received:
    1,908
    Trophy Points:
    113

    You also have the right to stay in that room. If someone else shows up to move in they would have to find somewhere else to go.
    You are helping things go smoother by getting out early... But you certainly don't have to.
     
  13. Boardumb

    Boardumb Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    Update: she emails me with my weekly cleaning assignment (which I never agreed to) and it's the kitchen, even though she has removed all my kitchen appliances, cooking oils, etc. From the kitchen. She really expects me to clean something she has effectively barred me from using.

    Second update: since I didn't vacate the room, the new room mate is now moving into her room (basement) and she is now moving into the living room next week.

    I can not make this stuff up, and she still expects full rent for November and kicking me out November 10th.
     
  14. army judge

    army judge Super Moderator

    Messages:
    32,713
    Likes Received:
    4,910
    Trophy Points:
    113

    Today is the 25th.

    R U moving?

    Time 4 U 2 get before U get got!!!
     
    Red Kayak likes this.
  15. Boardumb

    Boardumb Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    New place got put on hold until the 27th, new landlord needed sometime to clean, but I'll be out as soon as I can!
     
  16. mightymoose

    mightymoose Moderator

    Messages:
    11,249
    Likes Received:
    1,908
    Trophy Points:
    113

    Surely you know that anything you overpay will be extremely difficult to recover from this person. Proceed wisely.
     
    Red Kayak likes this.

Share This Page