How Do I Count the Days for Notice to Terminate a Lease in Missouri?
Full Question:
Answer:
In your question, you state, "Resident's move out notice must terminate the Lease Agreement on the last day of the month following the second rental due date if the lease expiration data is on the last day of the month. Example: if the lease expires May 31, notice must be given April 30 to meet the requirement of the thirty (30) day notice period". According to the information you provided, your lease expires on the last day of the month. According to the above language, notice to terminate would need to be given on the last day of the month before expiration. The day you gave notice would typically be counted, as long as it was received before the close of business.
Your liability for damages will be limited to one day if the premises was relet and the new tenant began paying rent that covered the following day. If a year-long tenancy isn't properly terminated, the lease may become a month-to-month tenancy at-will and the tenant will be liable for the new month's lease. However, the landlord must take reasonable steps to mitigate (lessen) damages by reletting the premises. If the premises is relet before the month is over, the rent received must be deducted from the damages claimed by the landlord.
