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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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The principal opinion finds the in custodia legis procedure "preserves the status quo" and "is not a windfall to landlords." But requiring a tenant to deposit rent as it comes due prior to adjudication of a landlord's claim for rent and possession is a financial prerequisite to a tenant's access to the courts to present a claim or defense of a breach of the implied warranty of habitability. And the principal opinion cannot cite to any other action-based in either property or contract-requiring the disputed amount to be paid into the court as a precondition to asserting a defense or raising a claim.