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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kohner Props., Inc. v. Johnson, 553 S.W.3d 280 (2018)

Citation
Kohner Props., Inc. v. Johnson, 553 S.W.3d 280 (2018)
Parent Document
Kohner Props., Inc. v. Johnson, 553 S.W.3d 280 (2018)
Jurisdiction
Missouri (state)
Effective Date
2018-07-03

Other Sections in This Document (45)

Full Text

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Because a landlord is obligated to provide a habitable dwelling, a breach of the warranty "justifies retention of possession by the tenant and withholding of rent until habitability has been restored." Id. at 77. The court of appeals in King concluded its analysis of the implied warranty of habitability by stating, "A tenant who retains possession ... shall be required to deposit the rent as it becomes due, in custodia legis pending the litigation." Id. It explained, "This procedure assures the landlord that those rents adjudicated for distribution to him will be available to correct the defects in habitability, and will also encourage the landlord to minimize the tenant's damages by making tenantable repairs at the earliest time." Id.