Landlord Rent Payment Clarifications

Summary

In Missouri, landlords must provide a 30-day written notice to terminate month-to-month leases. If the tenant paid first and last months rent, the last months rent covers the final month. If not, landlords can collect rent for the notice period without nullifying the notice. Rent increases do not typically require collecting the difference for the last months rent. Always document transactions and consult local laws.

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Situation #*. If a renter paid first AND last rent when they moved in
Hi Lesa, in Missouri, when a renter pays first and last month's rent, the last month's rent is typically held as security for the landlord. Is there a specific issue you're facing with this arrangement?
I'm terminating my renters month to month lease and I'm making sure I give them 30 days after I present the notice to quit.
Hi Lesa, in Missouri:
- A *-day written notice is required for month-to-month leases.
- The notice should specify the date on which the tenancy will end.
- You can hand-deliver or mail this notice.
Take care to document everything for your records.
So, with that being said, my question is. #*. If they paid first and last month rent upon move-in, can I still accept the last months rent after they are notified of their 30 day "get out" date? And #*. If you DIDN'T pay last months rent, then can I accept the rent payment for that 30 day time period they have been given after being notified? Keeping in mind the last months rent was not part of their first payment. Or if I do, will they make my 30 day out date null and void?
Answer: Hi Lesa!
*. If the tenant paid first and last month's rent, the last month's rent is typically used for their last month. You shouldn't need to collect additional rent.
*. If they didn't pay last month's rent upon moving in, you can collect rent for the *-day notice period.
Accepting rent doesn't nullify the notice to quit.
I'm giving them notice to quit before the first of June, and giving them *, which puts their out date to June *. So you are saying that I CAN accept June's payment on the 1st?
Yes, Lesa. If your tenant didn't pay last month's rent at move-in, you can accept June's payment. This wouldn't nullify the notice to quit. It's important to document all transactions and discussions for future reference.
And in the future, I've learned the importance of getting that last months rent up front, because after I give them their notice before the 1st, I'll be surprised if they pay June's payment. ????. Lol.
You're right, Lesa. Collecting the last month's rent upfront can provide security. Just ensure you're complying with Missouri's laws on security deposits. Remember to provide receipts for all transactions.
Well I had a property manager handle this whole rental from the get go. He has failing health and memory so I'm having trouble conforming that they did or didn't pay the last months rent up front.
Hi Lesa, I understand your situation. You might need to review your property manager's records or contracts with the tenant to ascertain if the last month's rent was paid upfront.
Lol. She'll insist that they did even though I don't show any proof of that in my property manager records.
In such situations, it's important to rely on documented information. If you can't find proof of the last month's rent payment in your records, you may proceed on the assumption that it wasn't paid. Make sure to communicate transparently with your tenant about this.
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Hi Lesa, it's great to hear that you found the information helpful! Remember, when in doubt, always refer to documented records and communicate openly with your tenants. If you have any more legal questions about landlord-tenant relationships, feel free to ask.
Not that this applies right now, but say a person moved in at $* a month and they did pay first and last. Over time rent has increase to $*, is the landlord supposed to collect the difference for the last months payment &/or the security deposit?
In Missouri, landlords are generally allowed to increase the rent after providing a written notice. However, if a tenant has paid their last month's rent at the original rate, the landlord may not be able to collect the difference. It's best to consult local tenancy laws or a legal professional for your specific situation.
Thank you sooo much for your assistance. This is an awesome site
You're welcome, Lesa! I'm glad you found our service helpful. Don't hesitate to reach out if you have more questions in the future. Have a great day!
U2
Thank you for using FreeLawChat, Lesa! If you have more queries in the future, feel free to ask. Have a pleasant day!