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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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[O]nce the trial court has determined that a fact question exists as to the breach of the covenants of habitability, that court will order the tenant to pay the rent to be withheld from the landlord into court ... and that until final resolution on the merits, any future rent withheld shall also be paid into court. The court under its inherent powers may order payment of amounts out of this fund to enable the landlord to make repairs or meet his obligations on the property or for other appropriate purposes. In the majority of cases, final determination of the action will be made quickly and this procedure will not have to be used. It is anticipated that the trial court, in lieu of ordering the rent paid into court, in the exercise of its discretion may order that it be deposited in escrow subject to appropriate terms and conditions or, in lieu of the payment of rents, may require adequate security therefor if such a procedure is more suitable under the circumstances.