King v. Moorehead, 495 S.W.2d 65 (1973)

Citation: King v. Moorehead, 495 S.W.2d 65 (1973)
Parent Document: King v. Moorehead, 495 S.W.2d 65 (1973)
Jurisdiction: Missouri (state)
Effective Date: 1973-04-02
Original Source: https://www.courtlistener.com/opinion/1683367/king-v-moorehead/ ↗

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Considerations which justify reappraisal of common law principles of landlord and tenant in favor of an implied warranty of habitability in residential leases include 1) the contemporary housing shortage and resultant inequality in bargaining power between the landlord and tenant (Javins v. First National Realty Corporation, supra, 428 F.2d 1. c. 1079; Lemle v. Breeden, supra, 462 P.2d 1. c. 474 [1-3]; Chapter 99 RSMo 1969); 2) housing codes which impose repair, maintenance and other standards of habitability upon landlords (§ 441.-510 et seq., RSMo Supp. 1973; § 20, Code of General Ordinances of Kansas City, Missouri; Pines v. Perssion, 14 Wis.2d 590, 111 N.W.2d 409, 412 (1961); Jack Spring, Inc. v. Little, 50 Ill.2d 351; 280 N.E.2d 208, 217 [10, 11] (1972)); 3) the common experience that the landlord has superior knowledge of the condition of the premises, including any latent defects, and that the housing requirements and violations are usually known or made known to the landlord (Kline v. Burns, 276 A,2d 248, 251 (N.H.1971); 4) a residential lessee is a purchaser of “a well known package of services” who must rely on the skill and honesty of the supplier to assure the quality of such services, and thus a residential tenant is entitled to the benefit of consum*72er protection law (Javins v. First National Realty Corporation, supra, 428 F.2d 1. c. 1075; Lemle v. Breeden, supra, 462 P.2d 1. c. 474).

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