Missouri Agreed Termination of Lease and Surrender of Premises
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FAQ
In general, you can only end the tenancy early if your landlord agrees. Your landlord does not necessarily have to do so. You will remain responsible for paying the rent until the end of the tenancy contract or the next break clause point.
Where the written lease expired and the parties simply continued with the lease on a month to month basis thereafter. If the lease is a month to month lease as contemplated in the Rental Housing Act, then it can only be terminated by either party by providing one full calendar month's written notice.
When Breaking a Lease is Not Legally Justified in the State of Missouri. Generally, if you break your lease early, you are required to continue paying the remaining rent until the lease period ends. The financial implications of this can be devastating.
In Missouri, the state's only requirement within landlord-tenant laws is that they must provide their landlords with a written notice of their intent to terminate the lease. They must attach the proof of their deployment to the notice.
Surrendering by operation of law takes place when a new lease is signed or when the tenant abandons the property and the landlord takes possession. In both cases, the landlord takes over the property after the tenant has moved out.
There is no obligation on a landlord to accept a surrender of a commercial lease and landlords will often only do so if there is a benefit in getting possession of the property back early.
Surrender clause refers to a lease clause whereby the lessee is given the privilege of surrendering his rights and terminating his liability upon the giving of a stipulated notice or the payment of a designated sum of money, or, in some cases, without either of these formalities.
Early Termination Clause Read over the lease and look for language that outlines agreed-upon terms for ending the lease before the end of the fixed period, such as the amount of the fee (i.e., equal to 2 month's rent) and the amount of notice required (i.e., 30 days).
Tenants should:Pay rent on time. Use reasonable care and not damage property. Properly dispose of garbage. Refrain from taking on additional occupants or subleasing without the landlord's written permission.
Surrender of the leaseThis can be done formally, by deed, but this is not always necessary. If the landlord and tenant agree that the lease will be surrendered and they act in a way that is inconsistent with the lease continuing, the lease will be surrendered 'by operation of law'.
