Showing 21–40 of 47 results
Thus we are led by our inspection of the relevant legal principles and precedents that the old common law rule imposing an obligation upon the lessee to repair during the lease term was really never intended to apply to residential...
Thus we are led by our inspection of the relevant legal principles and precedents that the old common law rule imposing an obligation upon the lessee to repair during the lease term was really never intended to apply to residential...
...The petition does not contain any allegation based on the theory of breach of agreement to repair or on the theory of implied warranty of habitability. The pleading did not require and the trial court did not rule on these...
...The first is that the trial court erred “in that the implied warranty of habitability is applicable only to the sale of a completed new house and the house in question was neither.” The second is that the trial court...
Plaintiffs sued, trying them case on a theory of breach of implied warranty of habitability. They offered no “cost of repair” evidence, taking the position that the problem’s cause remained unknown and further intrusions could not be prevented. Testifying...
...This procedure assues the landlord that those rents adjudicated for distribution to him will be available to correct the defects in habitability, and will also encourage the landlord to minimize the tenant's damages by making tenantable repairs at the...
...distribution to him will be available to correct the defects in habitability, and will also encourage the landlord to minimize the tenant’s damages by making tenantable repairs at the earliest time. Also, for good cause and in a manner...
...Her claim was in two counts, one contending that defendants “breached their warranty of habitability of Plaintiff’s leased residential property.” The other count claimed defendants were negligent in failing to repair defective plumbing.
...349 N.E.2d 776[15], adhered “to the principle established in other jurisdictions requiring prior notice (either actual or constructive) and an opportunity to repair as prerequisites to breach of the implied warranty of habitability.” The court said further...
...for habitation and which does not conform to the regulations to be a nuisance; and, Section 20.34 which requires the owner of a dwelling to maintain it in good order and repair and fit for human habitation; and, Section...
...for habitation and which" does not conform to the regulations to be a nuisance; and, Section 20.34 which requires the owner of a dwelling to maintain it in good order and repair and fit for human habitation; and, Section...
...distribution to him will be available to correct the defects in habitability, and will also encourage the landlord to minimize the tenant’s damages by making tenantable repairs at the earliest time. Also, for good cause and in a manner...
...W.2d 409 (1961), found an implied covenant of habitability necessary in order for the lease to be consistent with the housing laws. A single family dwelling was leased to a group of college students. When the students moved in...
...W.2d 409 (1961), found an implied covenant of habitability necessary in order for the lease to be consistent with the housing laws. A single family dwelling was leased to a group of college students. When the students moved in...
The social realities, legislative policies and judicial disposition to re-examine an outworn common law doctrine which have prompted these courts to imply a warranty of habitability in residential leases obtain also in Missouri. The Missouri Legislature in 1939 enacted...
The social realities, legislative policies and judicial disposition to re-examine an outworn common law doctrine which have prompted these courts to imply a warranty of habitability in residential leases obtain also in Missouri. The Missouri Legislature in 1939 enacted...
...474 [1-3]; Chapter 99 RSMo 1969); 2) housing codes which impose repair, maintenance and other standards of habitability upon landlords (§ 441.-510 et seq., RSMo Supp. 1973; § 20, Code of General Ordinances of Kansas City, Missouri; Pines v. Perssion...
...474 [1-3]; Chapter 99 RSMo 1969); 2) housing codes which impose repair, maintenance and other standards of habitability upon landlords (§ 441.510 et seq., RSMo Supp. 1973; § 20, Code of General Ordinances of Kansas City, Missouri; Pines v. Perssion...
...were not habitable, the rent — -which was the quid pro quo of the tenant’s possession — was still due from him.4 Thus, even where the tenant was successful in exacting a covenant that the lessor make repairs, this covenant...
...were not habitable, the rentwhich was the quid pro quo of the tenant's possessionwas still due from him.[4] Thus, even where the tenant was successful in exacting a covenant that the lessor make repairs, this covenant...