Rental Deposit and moving tenants in when you still have property rented

[freddy21]

Jurisdiction

Missouri

If you signed a 1 year lease (august) and you give your landlord a 2 month notice (middle of April) that you have to move out (june) because since you had moved in you got married and now have 2 children instead of 1 and just found out you are pregnant. And they say will since you are breaking the lease if we do not get it rented before you move you have to continue paying the rent (which we were fine with) approaches us yesterday says we have to be out by this weekend because the new tenants are moving in on sunday (may) and we are current on rent until JUNE 1st, now says we are not gonna get our deposit back because we broke the lease and wants the house spic and span from the top to the bottom along with yard mowed which we did, but he also wants every little stick picked up out of the yard from all of his trees. Can he still keep our deposit when moving new tenants in May when our rent is not up until June 1st, and he was told we would be out by June 1st because that is when we can get our new home? Just curious?

 

[army judge]

This will end up in court.
If you properly gave notice earlier, in writing, signed, and agreed to by all parties; that might be helpful in court.
That won't stop THIS landlord from bullying you/
He can't kick you out.
He has to evict you.
That, however, will cause you more grief.

I suggest you, or your partner, try to negotiate a compromise.

Maybe he'll agree in writing to letting you leave by June 1st.
Leaving on June 1st might require you to pay a full month's additional rent.
READ your lease.
Your lease is your guide.
If I were you, I'd get busy and leave before 4:00PM on May 31st.
Rent a hotel room for one night.
Whatever you do, be more than nice if you want that money back, SOONER, rather than LATER!!!
Take videos and pictures to PROVE how clean you left the unit.
Get him to walk through with you, and get a receipt when you return the keys.
Play the game.
PRETEND to give a crap about anything he says, because you want the deposit back.
Now is not the time to fight.
Beg if you have to beg, just try to get along.

As for the deposit, I suspect you'll have to fight for that eventually.

Take it slow, take it easy, one hour at a time.

 

[adjusterjack]

Freddy, here's how it works.

1 - You are paid through June 1, you stay through June 1.

2 - Your landlord can apply your deposit to any costs he incurs as a result of your breach of the lease (exclusive of ordinary wear and tear) and to any loss of rent from the time you move out until the time he replaces you.

How much of your deposit gets applied depends on how long it takes him to re-rent and how much it costs him for repairs of any damage you caused or any clean up he has to do.

Study the landlord tenant and security deposit statutes:

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.

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.

 

[adjusterjack]

Sorry, gave you the security deposit statute twice.

Here's the L-T:

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