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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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Contrary to the dissenting opinion's assertion that an in custodia legis procedure "places landlords in a better position than they would be if tenants did not assert an implied warranty of habitability defense[,]" permitting the circuit courts the discretion to implement or not implement a procedure that merely "preserves the status quo until a final judgment is rendered[,]" Dayan , 564 N.Y.S.2d at 147, is not a windfall to landlords. Indeed, no one, including the circuit court, may "invade escrow accounts before final judgment without the consent of the parties." Teller , 253 S.E.2d at 130. This is consistent with the dissenting opinion's own assertion that a landlord is not "entitled to recover rent or possession prior to a favorable adjudication of the landlord's rent and possession claim."