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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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Until now, this Court has never been required to examine King 's pronouncement of an in custodia legis procedure in all rent and possession actions when the tenant remains in possession. In Detling v. Edelbrock , in which this Court recognized an implied warranty of habitability, most of the tenants had vacated the premises. 671 S.W.2d 265, 267, 270 (Mo. banc 1984), abrogated on other grounds by Heins Implement Co. v. Mo. Highway & Transp. Comm'n , 859 S.W.2d 681, 684 n.2 (Mo. banc 1993). Therefore, this Court did not address whether the tenants asserting a breach of the implied warranty of habitability were required to deposit rent payments with the circuit court. II.