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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (163)

Full Text

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The Supreme Court of Hawaii in Lemle v. Breeden, 51 Haw. 426, 462 P.2d 470 (1969) was presented with a short-term lease for a furnished water-front house. After finding the house was infested nightly with rats, the tenants abandoned and sued to recover their deposit. The court did not hold for the tenant on the traditional grounds of constructive eviction or the short-term furnished dwelling exception to the caveat emptor rule, but rather applied an implied warranty of habitability in residential leases. In rejecting the short-term furnished house exception as a basis for its decision, the court referred to the traditional rationale by which the exception was justified—that it is the intent of the tenant to obtain immediate habitability. The court then asserted, l. c. 473: