Section 534

Citation: Section 534
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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. At trial, Mr. Moser testified that in addition to terminating the lease based on the Clines' failure to pay rent, he also terminated the lease because the property had become unten-antable due to a sewer problem. In the first written demand, the Mosers referred to a lease provision titled DAMAGES TO PREMISES as the additional reason for terminating the lease. They stated, “The damage that has incurred to the property is far too expensive for us to maintain this property as a rental unit and we choose to put it on the open market for sale.” Ms. Cline testified that she was never told the lease was being terminated based on the untenantable condition of the property she said she was only told that the Mosers wished to sell the property rather than make the expensive repair. Nevertheless, the Mosers only alleged the Clines' default due to nonpayment of rent as the reason for terminating the lease in their petition for unlawful detainer and for rent and possession. 3

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