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#1 mandalynn1982

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Posted 03 December 2012 - 10:40 AM

State of MO...

I have a tenent who gave me a 30 day notice on Nov 3rd (notice was dated for Oct 31) and she paid last months rent which is now breaking her lease... On he notice it stated that this is her last month as long as she gets the house she is trying to get ( renting from another landlord). She did not contact me to let me know for sure she is moiving out into the other house... I called her a few times asking and she stated she should know in a few days. I told her that as soon as she lets me know for sure she is moving we will call that her 30 day notice, but she is still liable for Dec 1st rent. On Nov 20th I called again asking her about moving. She texted me back stating that nothing has changed she is still planing on being out on the 1st of Dec. Dec 1st she is out and did not pay rent. My question is can I keep all or any of the deposit for giving me a vague 30 day notice?

#2 FindLaw_Amir

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Posted 03 December 2012 - 11:17 AM

To learn more about this subject matter, you may wish to visit the Real Estate Law Center: Landlord-Tenant Law and read Rent and Security Deposits as a good resource. You may also wish to read the Missouri Revised State: Chapter 441: Landlord and Tenant. For further clarification, you may consult with a local Missouri Landlord-Tenant Lawyer.
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#3 Fallen

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Posted 03 December 2012 - 12:36 PM

If her notice said it'll be her last month "as long as X" occurs, you're free to ignore the notice if you don't hear about X occurring. That's different from a notice that said "I'll let you know if anything changes" and we cannot know whether you're misinterpreting what her notice said.

"My question is can I keep all or any of the deposit for giving me a vague 30 day notice?"

What you CAN do is different than what would be proper to do, and this isn't a question strangers can answer with any certainty simply based on what you've posted.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#4 LAelle

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Posted 03 December 2012 - 01:44 PM

As a past Landlord, the landlord tenant code pretty much dictates what you can do and what you can't do, how much notice is acceptable for breaking a lease, and if perceived short or late notices are a legal means to withhold a security deposit.

In my state, the landlord tenant code clearly dictated what grounds a security deposit could be withheld and a 30 day notice wasn't one of them.

#5 adjusterjack

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Posted 03 December 2012 - 05:39 PM

State of MO...

I have a tenent who gave me a 30 day notice on Nov 3rd (notice was dated for Oct 31) and she paid last months rent which is now breaking her lease... On he notice it stated that this is her last month as long as she gets the house she is trying to get ( renting from another landlord). She did not contact me to let me know for sure she is moiving out into the other house... I called her a few times asking and she stated she should know in a few days. I told her that as soon as she lets me know for sure she is moving we will call that her 30 day notice, but she is still liable for Dec 1st rent. On Nov 20th I called again asking her about moving. She texted me back stating that nothing has changed she is still planing on being out on the 1st of Dec. Dec 1st she is out and did not pay rent. My question is can I keep all or any of the deposit for giving me a vague 30 day notice?


Study the statutes at the link that the moderator provided. But I'm guessing that you will first have to serve a "pay or quit" notice before you get to keep anything. The longer you wait, the more money you lose. Read the statutes. It's all in there.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#6 pg1067

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Posted 03 December 2012 - 09:12 PM

I don't know any state that doesn't allow a landlord to withhold unpaid rent from a security deposit. Thirty days after November 3 is December 3, so you have three days' unpaid rent. I can't conceive why you'd need to serve a pay or quit notice when the tenant has already quit (i.e., vacated). Nevertheless, I agree that you should read and understand the landlord-tenant laws and govern yourself accordingly.




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