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Davidson v. Kenney

Missouri Court of Appeals for the Western District
971 S.W.2d 896 (1998)


Facts

John and Una Davidson (plaintiffs) leased a one-bedroom apartment to Edward Kenney (defendant). The lease began June 1, 1993 and expired on May 31, 1994, at which point the tenancy continued month-to-month. Rental payments were due on the first day of the month and each rental period ended on the last day of the month. The landlords could terminate the tenancy, but only upon giving notice at least one month before the end of the next rental period. In August 1996, the Davidsons became dissatisfied with Kenney as a tenant and drafted a termination notice dated August 28. The letter specified that Kenney should vacate by September 30. However, because the Davidsons had difficulty locating Kenney, the letter was not delivered until September 6, 1996. Kenney did not vacate the apartment on September 30. On October 31, the Davidsons issued a new letter ordering Kenney to vacate immediately. They filed a Complaint for Unlawful Detainer on November 6. Ultimately, Kenney did not vacate until December 11. He did not pay rent for October, November, or December. On May 22, 1997, the trial court ruled in favor of the Davidsons, granting a judgment in the amount of $5,121.00.

Rule of Law

Issue

Holding and Reasoning (Stith, J.)

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