Springfield, MO asked in Real Estate Law for Missouri

Q: I moved out of apartment in Oct.2018 after giving 30 day notice, my son took over the last 6 month of lease. As of 2019

he continues to live there & has signed new leases paid rent, NOW they say I'm still lease holder & trying to get to sign lease...What is my legal right..

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1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
Answered
  • Chesterfield, MO
  • Licensed in Missouri

A: If your lease expired or was mutually terminated early in writing, then I don't understand the basis for your former landlord's claiming that you are still a tenant. The written documents control, however. You have the right to seek to have a court enforce a lease. If you are not clear as to what the lease or any amendments mean then hire an attorney to review them for you and provide sound advice.

I wonder if your son subleased from you as opposed to having the lease assigned to him in writing signed by you, your son, and the landlord.

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