[Nikki_13]

I have ended my lease with my apartment and provided more than the 30 day advance notice that is required. My landlord sent me a letter acknowledging that he received my letter but that my lease expires at the end of the month June 30th rather than June 4th. I only signed a one year lease that ended on June 4th. How can I argue his non agreed upon extension to the end of the month?

[ScottGem]

Read the lease what does it say?

[Fr_Chuck]

By showing in the lease, the exact terms. Normally it will be to the end of the month where the date falls within the month, If you signed new lease on June 4th, it will normally expire June 30th in many leases. But read it very carefully.

Yours may not say that,

[ballengerb1]

Good answers and advice. Was your first month prorated by any chance?

[Nikki_13]

I read the lease in its entirety and it only states that it is a one year lease. The lease began a year ago on June 4th. It states nothing about going until the end of the month.

[Nikki_13]

Good answers and advice. Was your first month prorated by any chance?

Yes my first month was prorated because it began on the 4th. With apartments that I have had in the past they would just prorate for the amount of the month that I occupied the apartment.

[ScottGem]

Does the lease say something to the effect of:

For one year, beginning on June 4

Or does it just say for one year and June 4 is your move in date?

The thing is, unless it says specifically for one year beginning on June 4, it could be construed that it is one calendar year, especially since the first month was pro-rated. So, it could be argued either way. Without knowing EXACTLY what it says, we can't tell. Nor can we tell what a court will say. I can say that you can't argue this is a "non agreed upon extension". Clearly it is a matter of interpretation of the lease. I would try to negotiate with the landlord on this point.

[AK lawyer]

I have ended my lease with my apartment and provided more than the 30 day advance notice that is required. ...

I'm not sure that 30 days notice is all that's required to terminate a 1-year lease.

Missouri landlord-tenant statutes provide for tenancies of two different terms: one year and one month. If you have a 1-year lease, it seems to me that you have a 1-year tenancy (payable in monthly installments) and therefore have to give a 60-day notice.

"MO Rev Stat § 441.050.

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. "

On the other hand, if it is a month-to-month tenancy, the following section seems to make it clear that your tenancy ends at the "periodic rent-paying date":

"MO Rev Stat § 441.060.

Tenancy at will, sufferance, month to month, how terminated--judgment of 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.
...
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.
..."

So, if your "periodic rent-paying date" is the end of the month, you have a legally defensible position, it seems to me.

[ScottGem]

I'm not sure that 30 days notice is all that's required to terminate a 1-year lease.

"MO Rev Stat § 441.050.

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. "

Well the OP clearly stated it was a 1 year lease:

I read the lease in its entirety and it only states that it is a one year lease.

So that could be what the landlord meant. And that she needed to supply 60 days notice which means the OP is obligated until June 30.

Either way, I think the OP is going to be hard pressed to convince a court she doesn't owe rent until 6/30.

[Nikki_13]

I'm not sure that 30 days notice is all that's required to terminate a 1-year lease.

Missouri landlord-tenant statutes provide for tenancies of two different terms: one year and one month. If you have a 1-year lease, it seems to me that you have a 1-year tenancy (payable in monthly installments) and therefore have to give a 60-day notice.

"MO Rev Stat § 441.050.

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. "

On the other hand, if it is a month-to-month tenancy, the following section seems to make it clear that your tenancy ends at the "periodic rent-paying date":

"MO Rev Stat § 441.060.

Tenancy at will, sufferance, month to month, how terminated--judgment of 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.
...
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.
..."

So, if your "periodic rent-paying date" is the end of the month, you have a legally defensible position, it seems to me.

Yes, this apartment required a 30 day notice prior to vacate. This request is not uncommon. This has been the requirement of apartments that I have had in the past. Thank you

[Nikki_13]

Well the OP clearly stated it was a 1 year lease:


So that could be what the landlord meant. And that she needed to supply 60 days notice which means the OP is obligated until June 30.

Either way, I think the OP is going to be hard pressed to convince a court she doesn't owe rent until 6/30.

So does the state requirement of 60 days override the apartment requirement of 30 days? If so, then would I be required to stay as long as my 60 day notice?

[ScottGem]

If the lease specifically says 30 days notice, then that is what you and the landlord agreed to and it overrides state law. If the lease is silent on the point, then the state law prevails,

But no, you would not be required to continue to live there. However, you would be required to pay the rent for the period, unless the landlord can find a new tenant. If he rents it out priro to 6/30 he can't double dip.

[AK lawyer]

Yes, this apartment required a 30 day notice prior to vacate. This request is not uncommon. This has been the requirement of apartments that I have had in the past. Thank you

So does the state requirement of 60 days override the apartment requirement of 30 days?...

Nikki, I don't want you to misunderstand. Your past experience may be different for any number of reasons, including one or more of the following:

• you were in a different state;
• the previous landlord only required 30 day notice;
• your previous lease specified a 30 day notice;
• or you didn't have a lease.

But unless your present lease specifies that you only need to give a 30-day notice, or unless your present apartment has an unwritten (or not in the lease) policy to that effect, you appear to be mistaken about an "apartment requirement of 30 days".

[Nikki_13]

Good answers and advice. Was your first month prorated by any chance?

Yes my first month was prorated and I was only responsible for the days that I occupied the apartment. My experience is that I get prorated on the front end and have to pay the prorated amount on the back end as well.

[Nikki_13]

If the lease specifically says 30 days notice, then that is what you and the landlord agreed to and it overrides state law. If the lease is silent on the point, then the state law prevails,

But no, you would not be required to continue to live there. However, you would be required to pay the rent for the period, unless the landlord can find a new tenant. If he rents it out priro to 6/30 he can't double dip.

So isn't that their responsibility to find a new tenant and that is why they require the 30 day notice so that it will allow for posting/advertisement of the vacancy? I guess I feel as if I am being penalized in some way because this has never happened to me before. This is however the smallest apartment community I have ever lived in, which is why I am concerned with the change.

[Nikki_13]

Nikki, I don't want you to misunderstand. Your past experience may be different for any number of reasons, including one or more of the following:

• you were in a different state;
• the previous landlord only required 30 day notice;
• your previous lease specified a 30 day notice;
• or you didn't have a lease.

But unless your present lease specifies that you only need to give a 30-day notice, or unless your present apartment has an unwritten (or not in the lease) policy to that effect, you appear to be mistaken about an "apartment requirement of 30 days".

Yes I am becoming quite confused now. I have always resided in this part of Missouri. I have always had a signed lease. Each apartment thus far including this one have required 30 day notice prior to vacate. So since this is their policy can I argue this?

[ScottGem]

Yes i am becoming quite confused now. I have always resided in this part of Missouri. I have always had a signed lease. Each apartment thus far including this one have required 30 day notice prior to vacate. So since this is their policy can i argue this?

You are mixing up the 30 day notice with the expiration of the lease. The problem is your vacate date is prior to the expiration of the lease. So you can't vacate before the lease expiration.

And yes it is their responsibility to find a new tenant, but you remain responsible for the lease until it ends.