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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Shocklee v. Albers Chiropractic Health Ctr., P.C., 558 S.W.3d 83 (2018)

Citation
Shocklee v. Albers Chiropractic Health Ctr., P.C., 558 S.W.3d 83 (2018)
Parent Document
Shocklee v. Albers Chiropractic Health Ctr., P.C., 558 S.W.3d 83 (2018)
Jurisdiction
Missouri (state)
Effective Date
2018-07-10

Other Sections in This Document (24)

Full Text

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Behlmann , 150 S.W.3d at 155. The landlord replied, stating that the lease would extend for a five-year period, and then set forth the new, increased rent amount, noting that the lease provided for a change of rent during the new lease period. Id. The tenant remained in possession of the premises and paid the increased rent, but then vacated the property about a year prior to the expiration of the lease. Id. The landlord sued to recover unpaid rent through the end of the lease term. Id. The tenant moved for summary judgment, claiming that she did not exercise her option to renew because the minds of the parties never met on the renewal terms, and therefore asserted that she was a month-to-month tenant who was no longer bound by the terms of the expired lease. Id. The trial court granted tenant summary judgment. Id. This Court reversed on appeal, holding that genuine issues of material fact existed whether the tenant renewed lease, which therefore precluded summary judgment. Id. at 156-57. Importantly, this Court also found that the tenant's notice of *87renewal did not accept the lease in the form tendered, and that her letter did not create an acceptance of the renewal of the lease term. Id. at 156.