Broken Heart Venture, L.P. v. A & F Restaurant Corp., 859 S.W.2d 282 (1993)

A & F contends that its expenditure of $500,000 for improvements to the rental property “more than offset the rent due under the lease.” Specifically, A & F alleges it would never have expended those monies had A & F known that Broken Heart’s representative fraudulently induced A & F into signing the lease by misrepresenting the gross revenues of the prior restaurant tenant. As a result, A & F claims, it owes no rent after “off-setting” the “tenant improvements”. A & F’s claim, however, is legally insufficient to defeat summary judgment in an unlawful detainer action for several reasons. First, the lease agreement contains contractual provisions which preclude A & F’s claim of setoff: (1) paragraphs 3.1 and 3.10 of the lease state that no setoff or deduction is permitted against rent and other charges; (2) Broken Heart had no obligation to make any leasehold improvements pursuant to paragraph 1.1; (3) paragraph 5.1 provides that A & F accomplish its initial construction work at A & F’s expense; and (4) under the lease, A & F was responsible, at A & F’s cost, for all work necessary to improve the premises for its operations. Second, issues relating to title or matters of equity, such as a claim of set-off against rent for “mistaken” rent payments, cannot be interposed as a defense in unlawful de-tainer actions. S.L. Motel Enter. v. East Ocean, Inc., 751 S.W.2d 114, 117 (Mo.App.1988). Similarly, affirmative defenses and a counterclaim for repairs and improvements on leased premises have been disallowed in an unlawful detainer proceeding. McNeill v. McNeill, 456 S.W.2d 800, 807 (Mo.App.1970). A & F is not entitled to a set-off for any rent owed in this action.