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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We adopt the view that a lease is not only a conveyance but also gives rise to a contractual relationship between the landlord and tenant from which the law implies a warranty of habitability and fitness by the landlord. Under contract principles a tenant’s obligation to pay rent is dependent upon the landlord’s performance of his obligation to provide a habitable dwelling during the tenancy. Lemle v. Breeden, supra, 462 P.2d 1. c. 475 [6, 7]; Javins v. First National Realty Corporation, supra, 428 F.2d 1082 [7-10]. A more responsive set of remedies are thus made available to the tenant, the basic remedies *76for contract law, including damages, reformation and rescission. Kline v. Burns, supra, 276 A.2d 1. c. 252 [2]; Lemle v. Breeden, supra, 462 P.2d 1. c. 475 [6, 7].

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