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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Yaffe v. American Fixture, Inc., 345 S.W.2d 195 (1961)

Citation
Yaffe v. American Fixture, Inc., 345 S.W.2d 195 (1961)
Parent Document
Yaffe v. American Fixture, Inc., 345 S.W.2d 195 (1961)
Jurisdiction
Missouri (state)
Effective Date
1961-04-10

Full Text

1,171 chars
“Any obstruction by the landlord of the beneficial enjoyment of the demised premises or any diminution of the consideration of the lease contract short of actual ouster may constitute constructive eviction. * * * Where a lease imposed on the landlord the duty to ‘forthwith’ repair damages which might be caused to the premises by fire, a failure for a period of nine days to repair operated as a breach of a condition precedent and constituted a constructive eviction of the tenant.” Bennett, Law of Landlord and Tenant, citing Barbour v. Waterston, 276 Mich. 304, 267 N.W. 845; see also American Law of Property, Sec. 3.51. As stated in the latter authority, page 282: “Constructive eviction requires a substantial interference with possession or enjoyment, and the tenant must abandon the premises within a reasonable time. The basis of the latter requirement would seem to be waiver. So under particular facts it may be reasonable for the tenant to abandon the premises when a comparatively long period of time has elapsed since the initial interference, as where there is reliance on a promise of the *198 lessor or where it is impossible for the tenant to move.” In