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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

517 chars
“A constructive eviction arises when the lessor, by wrongful conduct or by the omission of a duty placed upon him in the lease, substantially interferes with the lessee’s beneficial enjoyment of the demised premises. Under this doctrine the tenant is allowed to abandon the lease and excuse himself from the obligations of rent because the landlord’s conduct, or omission, not only substantially breaches the implied covenant of quiet enjoyment but also ‘operates to impair the consideration for the lease’.” Id., 70.