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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Grady v. Randall, 755 S.W.2d 655 (1988)

Citation
Grady v. Randall, 755 S.W.2d 655 (1988)
Parent Document
Grady v. Randall, 755 S.W.2d 655 (1988)
Jurisdiction
Missouri (state)
Effective Date
1988-06-28

Full Text

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Even assuming Tenant fulfilled the requirements for a prima facie case constituting the violation of the implied warranty of habitability, she would not be entitled to compensation for her damaged personal goods. Although proof of such a breach entitles the tenant to pursue traditional contract remedies, generally “[d]amages are reasonably measured by the difference between the agreed rent and the fair rental value of the premises as they were during occupancy by the tenant in the unhealthful or unsafe condition.” King v. Moorehead, 495 S.W.2d at 76. Tenant, therefore, would only be entitled to an offset in her rent if she had continued to reside in the house after the flooding. In this case, Tenant promptly moved out of the house after the premises were flooded. Tenant did not submit evidence as to damages flowing from her diminished use of the leased premises, nor did she show damages resulting from the loss of an advantageous lease. The judgment of the trial court is affirmed. REINHARD and CRIST, JJ., concur.