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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Davis v. J.C. Nichols Co., 714 S.W.2d 679 (1986)

Citation
Davis v. J.C. Nichols Co., 714 S.W.2d 679 (1986)
Parent Document
Davis v. J.C. Nichols Co., 714 S.W.2d 679 (1986)
Jurisdiction
Missouri (state)
Effective Date
1986-06-10

Other Sections in This Document (52)

Full Text

1,106 chars
the parking lot. He apparently seeks to pursue this theory by analogy to the cause of action given tenants under § 441.620, RSMo.1978 where a prior complaint has been made against a landlord who maintains inadequate or deficient rental housing. The theory is not viable for several reasons. In the first place, the protection against landlords who maintain property in violation of housing codes is statutory in origin and is limited to the conduct and circumstances described in the statute. There was no deficiency contended by Davis to exist in the property he was renting. Moreover, even under § 441.620, RSMo. 1978, a tenant retains his rights only if he maintains a current status in his rent payments. Davis had a consistent record of late payment of his rent and was delinquent by his own admission when his tenancy was terminated. Having no cause to remain in possession on this account, he is not entitled to maintain a cause of action against Nichols and Harwood merely because some other improper motive may have prompted respondents to exercise a right available to them on legitimate grounds.