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The eviction process lets a landlord break a lease and remove a tenant before the lease term is up. But can a landlord break a lease without an eviction? There are instances when either the landlord or the tenant is within their rights to terminate a lease. Understanding when this is allowed will help keep everyone out of court—either for eviction proceedings or an illegal termination lawsuit brought by a renter.
Eviction proceedings are expensive and time-consuming. So while landlords are glad to have a way to remove a bad tenant if they have to, it is something they typically try to avoid. Instead, there are ways to legally let a renter know they need to move—with an eviction as the last resort if they refuse to comply.
The most obvious reason to want a tenant out is if they break the rules of the lease. There are also a few other reasons besides broken rules when it is acceptable for a landlord to terminate a lease. The key is to anticipate and prepare for these situations by writing them into the contract. This way, the tenant is aware of the circumstances that can mean they will need to move out before their lease is up.
When a lease’s term is up, the agreement automatically ends. The landlord has no obligation to renew the lease if they choose not to, and they do not need to give a reason. In the case of a less-than-ideal tenant, it is often easiest for the landlord to simply wait out the lease term. In Missouri, however, there is a list of things that will void a leasing contract. This means these actions (or inactions) give the landlord the right to terminate the lease.
A tenant is in breach of their leasing agreement if they:
The landlord can write more rules into the lease that, if broken, could lead to termination. Common additions are a no pets policy, requiring screening and approval of any roommates, and rules against subletting. As long as the rules do not violate any local, state, or federal fair housing laws against discrimination, they are up to the landlord’s discretion.
A tenant could try to dispute any reason a landlord gives for breaking the lease. They may even try to file a lawsuit. To avoid arguments, landlords must make sure that expectations and consequences are not only legal but crystal clear, leaving no room for misunderstandings. Landlords can also protect their interests by documenting all notices and warnings given to the tenant leading up to the termination of the lease.
For a landlord to break a lease in Missouri, they must follow certain procedures:
For other types of lease terminations, again, be sure to include likely scenarios in the lease, along with how and when the tenant will be informed. Remember that breaking a lease means uprooting a renter from their home, so we suggest exercising compassion and patience. Some general guidelines:
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Just as landlords have the right to break a lease in certain situations, so can a tenant. But simply abandoning the property and stopping rent payments is not acceptable. Landlords can hold a tenant responsible for rent owed in a situation like that.
Missouri law outlines three situations when a tenant can legally get out of a leasing agreement with no questions asked:
There are several other valid reasons a tenant may want to break a lease, but Missouri does not have statutes requiring landlords to comply. We suggest that landlords work with their tenants to come to an agreement in these situations. In some cases, this might mean allowing the termination of the lease.
Tenants should communicate with their landlords about any issues they are having that might result in needing to move out before the lease is up. At least 30 days' notice is recommended.
A landlord has the right to terminate a lease when necessary. To supplement those rights, they can also write specific requirements into their leases. By drafting a clear and concise document, they can legally protect themselves in the face of a number of different scenarios.
Many landlords benefit from hiring a leasing and management company like Select Leasing & Management. They have seen every possible situation play out between landlords and tenants. Their expertise in writing and enforcing lease agreements can take the burden off of property owners and give them peace of mind.