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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hurwitz v. Kohm, 594 S.W.2d 643 (1980)

Citation
Hurwitz v. Kohm, 594 S.W.2d 643 (1980)
Parent Document
Hurwitz v. Kohm, 594 S.W.2d 643 (1980)
Jurisdiction
Missouri (state)
Effective Date
1980-02-05

Full Text

733 chars
der of the lease and had thereby released appellant from all liability under the document. It has been stated that under Missouri law a lessor has three options upon default by a lessee: (1) “To remain out of possession, treat term as subsisting, and recover rent”; (2) “Give notice to tenant, resume possession and relet to mitigate damages, collecting loss from tenant”; (3) “Reenter, resume possession in own right and close the term. If no notice is given and landlord resumes possession, he is deemed to be doing so to terminate the lease.” Babcock v. Reiger, 76 S.W.2d 731, 735 (Mo.App.1934). See also Rhoden Investment Co., Inc. v. Sears, Roebuck & Co., 499 S.W.2d 375, 386 (Mo.1973); Consolidated Sun Ray, Inc. v. Oppenstein,