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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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Furthermore, despite the principal opinion's finding to the contrary, the in custodia legis procedure is not necessary to safeguard landlords' property interests when a tenant asserts a breach of the implied warranty of habitability. A landlord suffers no detriment from assertion of the defense in the absence of an in custodia legis requirement because a landlord is not otherwise entitled to recover rent or possession prior to a favorable adjudication of the landlord's rent and possession claim. Therefore, requiring tenants to deposit with the court the rent as it becomes due places landlords in a better position than they would be if tenants did not assert an implied warranty of habitability defense.