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Could there be legal recourse if our tenant has to move out in the middle of the lease?

Could there be legal recourse if our tenant has to move out in the middle of the lease?

Q: Can you remove someone from a lease without their consent?

Generally, you cannot remove someone from a lease without their consent unless the lease allows for it or there are legal grounds, such as a breach of lease terms. All parties listed on the lease must agree to any changes. In Missouri, landlords must follow proper legal procedures to evict a tenant if necessary.

Full question:

We are the landlord of a house in a subdivision. We currently have a one-year lease signed with a tenant (the standard lease drafted by the St. Louis Realtors Association). We just found out the subdivision is submitting a proposal to a commercial investor for a buyout. If agreed upon, the buyout would require us to have our tenant move out in the middle of the lease term. What is the tenant's legal recourse if any?

Category: Landlord Tenant
Date: 04/07/2025
State: Missouri

Answer:

You should carefully read the lease agreement to determine your rights and obligations (as well as your tenant's) in terminating the lease.

The applicable Missouri statutes are as follows:

441.050. Tenancy from year to year, how terminated. —

Either party may terminate a tenancy from year to year by giving notice,
in writing, of his intention to terminate the same, not less than sixty
days next before the end of the year.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is a tenancy for years in property law?

A tenancy for years is a lease agreement that lasts for a specific, predetermined period, such as one year. It is legally binding and does not require notice to terminate at the end of the term, as the lease specifies the start and end dates. This type of tenancy is distinct from month-to-month leases, which can be terminated with notice. In Missouri, such agreements must comply with state laws regarding lease terms and conditions.

What does tenancy for years mean?

Tenancy for years refers to a lease that is set for a fixed duration, such as six months or one year. The lease automatically ends when the term expires, and no further notice is needed to terminate it. This type of tenancy provides both landlords and tenants with clarity about the rental period and obligations during that time.

Is a handwritten lease agreement legally binding?

Yes, a handwritten lease agreement can be legally binding as long as it includes all essential terms, such as the names of the parties, the property address, the lease duration, and the rent amount. However, it is advisable to ensure that the agreement complies with state laws and includes necessary signatures. In Missouri, clarity and mutual agreement are key for enforceability.

Can you remove someone from a lease without their consent?

What is it called when a tenant stays after a lease expires?

When a tenant stays in a rental property after the lease has expired, it is referred to as a 'holdover tenancy.' In this situation, the tenant may continue to occupy the property under the same terms as the expired lease, or the landlord may choose to evict them. Missouri law allows landlords to take legal action if they wish to regain possession of the property.

What is an example of a tenancy for years?

An example of a tenancy for years would be a lease agreement where a tenant rents an apartment for a fixed term of one year, starting on January 1 and ending on December 31. The lease specifies the rent amount and other terms, and it automatically terminates at the end of the one-year period without needing any notice from either party.