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  1. #1
    Join Date
    Jan 2005
    Posts
    2

    Default Implied Agreement?

    Hello

    I have an issue that I was hoping that someone might be able to advise me on.

    I am a resident of Kansas City Missouri, and agreed to sign a year lease with an apartment complex last May. I could not move in (though I was still paying the lease) into my apartment due to an infestation, and no appliances working. The Building agreed to move me into another apartment which turns out to be not much better. There's still an insect infestation on an almost weekly basis, and the utlilities are poor.
    When I moved from one apartment to the next, the building requested that I sign a new lease for the apartment, which never happened. I did some research on the building through the local Neighborhood Preservation Department, and there are a slew of issues with this building and its owners. So, I am trying to move, as soon as possible.
    When I asked the apartment manager about the lease, she said that they would not let me out of the lease, and the leasing of the 2nd apartment was "implied" (in regards to the original signing), though they could not tell me where it is stated on the leasing agreement, and have been very laxed on getting a copy of the leasing agreement to me, even after requesting it a few times.
    Am I stuck in this agreement, or do I have any options?
    If someone could help me understand this, or point out anything of use, then I would be greatly appreciative.

    Best Wishes,
    Micheal

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Missouri Landlord-Tenant Problem

    Ordinarly, the Missouri Statute of Frauds would seemingly prevent you from being held to a lease term greater than one year unless it is in writing. The landlord may be trying to suggest that with partial performance of an oral agreement, the agreement to renew the lease for a full year upon moving into the new apartment may be enforced even though there was no writing.

    You signed the first lease, so you are on the hook for its term unless you find a way to be legally excused from it - e.g., constructive eviction. If there was a true "meeting of the minds" in relation to renewing the lease, you may be able to avoid any "implied contract" on the basis that you never agreed to the renewal. You should check to see if there is a local tenants' union or similar organization which can help you figure out your rights and remedies.

  3. #3
    Join Date
    Jan 2005
    Posts
    2

    Default

    Thanks Aaron, I will definately look into it...

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