In Kohner , the trial court barred the tenant from asserting an affirmative defense and counterclaim that the landlord had breached the implied warranty of habitability because the tenant failed to either vacate the premises or tender her rent to the court in custodia legis. Id. at 281, at *1. In doing so, the trial court relied on King v. Moorehead , 495 S.W.2d 65, 77 (Mo. App. 1973) and its pronouncement of an in custodia legis procedure in all rent and possession cases where the tenant remains in possession. The Supreme Court held this pronouncement was dicta. 553 S.W.3d at 283, 2018 WL 3235686 at *3. The Court noted that, nevertheless, our trial courts have been dutifully following that dicta "for almost five decades in the absence of contrary guidance from this Court or the Missouri General Assembly" and requiring withheld rent to be escrowed under King . Id. The Court in Kohner provided the guidance that had been absent since King , addressing squarely for the first time, the question of whether tenants in possession asserting a breach of the implied warranty of habitability are absolutely required in all cases to deposit rent payments with the trial court. Id. The Court examined how courts in other jurisdictions handle this issue and concluded that the majority of them leave the imposition of such a requirement to the sound discretion of the trial court. Id. at 283-86, at *3-5 (citing *903cases from the D.C. Circuit, California, Pennsylvania, Minnesota and New York).