Moser v. Cline, 214 S.W.3d 390 (2007)

Citation: Moser v. Cline, 214 S.W.3d 390 (2007)
Parent Document: Moser v. Cline, 214 S.W.3d 390 (2007)
Jurisdiction: Missouri (state)
Effective Date: 2007-02-20
Original Source: https://www.courtlistener.com/opinion/1404073/moser-v-cline/ ↗

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the termination of the lease, and the Clines’ failure to restore possession after written demand was made. The Mosers also presented evidence that the Clines owed $573.99 in unpaid rent plus late fees and interest for the period up to the termination of the lease on March 17, 2006. In their defense, the Clines offered evidence that at the end of December 2005, the basement of the home was flooded with sewage after the sewer line backed up; that they had to carry 200 gallons of sewage water out of the basement by hand over a ten day period; that as a result of the flooding, hundreds of dollars worth of their personal property was ruined including their daughter’s wedding things, irreplaceable picture albums, and a bed; that they could not use the restroom, shower, or washing machine in the house; and that the house still smelled of sewage as of the date of trial. The trial court apparently construed this evidence as a defense or counterclaim for breach of implied warranty of habitability. 3

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