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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Jamerson v. Boone, 554 S.W.3d 899 (2018)

Citation
Jamerson v. Boone, 554 S.W.3d 899 (2018)
Parent Document
Jamerson v. Boone, 554 S.W.3d 899 (2018)
Jurisdiction
Missouri (state)
Effective Date
2018-07-17

Full Text

784 chars
Contract provisions that violate the law, including municipal ordinances, are illegal and unenforceable. Rice v. James , 844 S.W.2d 64, 69 (Mo. App. E.D. 1992). The illegality of a lease, like any other contract, is an affirmative defense to a rent and possession action. See King , 495 S.W.2d at 78. It must be properly pled, including a "short and plain statement of the facts showing that the pleader is entitled to the defense." See Rule 55.08. Tenant pled that the contract was illegal and pled facts indicating that the house was condemned for lack of an occupancy permit. But nowhere did Tenant plead the facts necessary to show that attempting to enforce the rent obligation of the contract on property without an occupancy permit was illegal because it violated an ordinance.