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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Full Text

1,227 chars
In point one, the Mosers contend that the trial court erred in failing to award double-rent damages under section 584.330, RSMo 2000, for the period of the Clines’ unlawful detainer. In their petition, the Mosers sought possession of the premises and double rent damages from the date of the lease termination until possession is restored on their unlawful de-tainer claim and $573.99 for rent owed before termination of the lease on their rent and possession claim. The trial court found in favor of the Mosers on both of their claims. Although the trial court did not specify to which claim the $200 damages award applied, it apparently meant to set off the Mosers’ damages in their rent and possession claim by the Clines’ damages in their breach of implied warranty of habitability claim and to award only possession of the premises for unlawful de-tainer. This is because counterclaims are prohibited in unlawful detainer actions regardless of the subject matter unless permitted by statute, and Missouri statutes do not so permit. Walker v. Anderson, 182 S.W.3d 266, 269 (Mo.App. W.D.2006)(quoting Cent. Bank of Kansas City v. Mika, 36 S.W.3d 772, 774 (Mo.App. W.D.2001)); Broken Heart Venture, L.P. v. A & F Rest. Corp.,