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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Labarbera v. Malec, 540 S.W.3d 903 (2018)

Citation
Labarbera v. Malec, 540 S.W.3d 903 (2018)
Parent Document
Labarbera v. Malec, 540 S.W.3d 903 (2018)
Jurisdiction
Missouri (state)
Effective Date
2018-03-06

Full Text

794 chars
On appeal, the court reversed, finding that taking the evidence in the light most favorable to plaintiffs, defendants retained the right to partial control of the premises for the purpose of making repairs. Id. at 42. Specifically, the court found that defendants had made promises at the outset of the lease concerning repairs and maintenance, had made periodic inspections of the property, entered the house for the purpose of making repairs, made repairs to a portion of the porch, and took their actions both on their own initiative and in response to requests by tenants, without any prerequisite of the plaintiffs' consent. Id. In addition, the court highlighted testimony from the landlord that illustrated that he believed he retained the right to inspect and maintain the property. Id.