Are we still bound to our lease after verbal changes?

Full question:

My wife and I live in St. Louis, MO and are over half way through year 4 of a 5 year lease to live in a house. Long story short is that due to a new baby we need more space now and are in the process of buying a new home. The lease that we signed 4 years ago has since changed in that we verbally agreed to a new rent amount about 2 years ago as well as agreed to remove a clause which had the landlords putting a % of our payments in to a separate account to be used for a down payment should we choose to buy the house we're currently in. The landlords stated at the time that they would write a new lease with the updated terms and have us sign it however they never did. Our current lease states that any changes in lease terms must be sent via letter at least 30 days in advance and that if we terminate early that they would receive the full amount that was saved in the down payment account would go to the landlord. My wife and I just sent notice that we would be paying the current months rent (April) along with next months rent (May) which effectively pays us through the end of June as we pay 1 month ahead. My question is 2 fold, since the terms of our original lease were changed and no new lease was signed, are we still legally bound to the original lease at all since it's terms have been broken? Also, if we are still bound to the original lease, what could the landlord possibly do legally as far as reparations past our offer to pay for the next 60 days of rent since the money that would go to them as stated in the original lease no longer exists?

• Category: Landlord Tenant
• Subcategory: Lease Termination
• Date: 04/07/2025
• State: Missouri

Answer:

When a lease is signed, its terms generally govern early termination. If the lease does not allow for early termination, you may still be liable for the remaining rent unless you can prove the landlord breached the lease. The landlord has a duty to mitigate damages by attempting to relet the premises. This means they must make reasonable efforts to find new tenants. The court will assess whether the landlord has made sufficient attempts based on the circumstances. Typically, lease terms remain in effect unless the landlord has breached them, such as by failing to provide possession or maintain the property. You may argue that the landlord breached the lease by not modifying it in writing or not maintaining the down payment account. However, the landlord might defend against this claim by asserting that you waived these terms or that you relied on their promise to modify the lease. An oral modification of rent does not void the lease. The statute of frauds requires contracts related to real estate to be in writing if they cannot be completed within a year. The parol evidence rule prevents introducing prior agreements once a written contract is established but does allow for subsequent agreements. Any claims you have will likely fall under contract law, which governs your rights and obligations. Review your lease carefully to understand your position regarding early termination. If you wish to pursue legal action, consider the following: - Contracts are legally enforceable agreements that create obligations. An oral contract can be enforced, but proving its existence and terms is more challenging. - Breach of contract occurs when one party fails to fulfill their contractual duties, causing the other party to suffer damages. - Remedies for breach include money damages, restitution, rescission, reformation, and specific performance. Money damages aim to compensate for financial losses caused by the breach. - Promissory estoppel may apply if one party reasonably relies on another's promise, leading to detrimental reliance. For further assistance, you may want to consult a legal professional. Users can search for state-specific legal templates at .