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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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§ 441

Mo. Rev. Stat. § 441.234 Missouri state

2.  If there exists a condition on residential premises which detrimentally affects the habitability, sanitation or security of the premises, and the condition constitutes a violation of a local municipal housing or building code, and the reasonable cost to correct...

City of St. Louis v. Goldenberg, 529 S.W.2d 33 (1975)

City of St. Louis v. Goldenberg, 529 S.W.2d 33 (1975) Missouri state

...He diligently sought to keep the then tenants and promised as soon as money was available repairs would be undertaken to make the apartments habitable. The funds could *36not be found, the repairs could not be made and eventually the...

King v. Moorehead, 495 S.W.2d 65 (1973)

King v. Moorehead, 495 S.W.2d 65 (1973) Missouri state

Every premise, dwelling and every part thereof shall be maintained in good order and repair fit for human habitation by the owner or his agent. and § 20.10:

King v. Moorehead, 495 S.W.2d 65 (1973)

King v. Moorehead, 495 S.W.2d 65 (1973) Missouri state

Every premise, dwelling and every part thereof shall be maintained in good order and repair fit for human habitation by the owner or his agent. and § 20.10:

City of St. Louis v. Goldenberg, 529 S.W.2d 33 (1975)

City of St. Louis v. Goldenberg, 529 S.W.2d 33 (1975) Missouri state

This rental property was, at the time it came into the receiver Cleary’s hands, in such an unsanitary state of disrepair and dilapidation as to be unfit for human habitation. Repairs necessary to make it habitable would cost approximately...

King v. Moorehead, 495 S.W.2d 65 (1973)

King v. Moorehead, 495 S.W.2d 65 (1973) Missouri state

The Housing Code of Kansas City, which adopts the minimum standards for occupancy (Article II), requires repair or other correction of a dwelling unfit for habitation (§ 20.5) and places the onus of compliance on the landlord (§ 20.34) — a...

King v. Moorehead, 495 S.W.2d 65 (1973)

King v. Moorehead, 495 S.W.2d 65 (1973) Missouri state

The Housing Code of Kansas City, which adopts the minimum standards for occupancy (Article II), requires repair or other correction of a dwelling unfit for habitation (§ 20.5) and places the onus of compliance on the landlord (§ 20.34)—a...

Kohner Props., Inc. v. Johnson, 553 S.W.3d 280 (2018)

Kohner Props., Inc. v. Johnson, 553 S.W.3d 280 (2018) Missouri state

...It explained, "This procedure assures 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...

King v. Moorehead, 495 S.W.2d 65 (1973)

King v. Moorehead, 495 S.W.2d 65 (1973) Missouri state

The Enforcement of Minimum Code Standards statute effectively 1) recognizes the minimum standards for occupancy of municipal housing codes as standards for *74the habitability of residential dwellings, 2) alters the common law no-repair rule by coercing repairs by the...

King v. Moorehead, 495 S.W.2d 65 (1973)

King v. Moorehead, 495 S.W.2d 65 (1973) Missouri state

The Enforcement of Minimum Code Standards statute effectively 1) recognizes the minimum standards for occupancy of municipal housing codes as standards for *74 the habitability of residential dwellings, 2) alters the common law no-repair rule by coercing repairs by...

Detling v. Edelbrock, 671 S.W.2d 265 (1984)

Detling v. Edelbrock, 671 S.W.2d 265 (1984) Missouri state

and similar decisions, that the time has come to abandon caveat emptor and the “no-repair” rule with respect to leases for residential property. We hold, therefore, that a landlord impliedly warrants the habitability of leased residential property. Specifically, we...

Section 534

Moser v. Cline, 214 S.W.3d 390 (2007) Missouri state

...the repair was finally made, the Clines had the burden to prove that the landlord failed to remedy the problem within a reasonable amount of time. Thus, the Clines failed to prove their breach of warranty of habitability claim, and...

Section 441

Labarbera v. Malec, 540 S.W.3d 903 (2018) Missouri state

...minimum standards for occupancy of municipal housing codes as standards for the habitability of residential dwellings, 2) alters the common law no-repair rule by coercing repairs by the landlord or from his property to restore the tenant's occupancy...

Grady v. Randall, 755 S.W.2d 655 (1988)

Grady v. Randall, 755 S.W.2d 655 (1988) Missouri state

...The habitability of a leased premise is measured by community standards as shown by local housing and property maintenance codes. Id. The warranty of habitability, therefore, requires that a landlord establish and maintain a residential property in a reasonably safe...

Torre Specialties, Inc. v. Coates, 832 S.W.2d 914 (1992)

Torre Specialties, Inc. v. Coates, 832 S.W.2d 914 (1992) Missouri state

...breach of lease; breach of warranty to keep premises in repair; constructive eviction; breach of implied warranty of quiet enjoyment; breach of implied warranty of habitability and/or fitness; negligence; misrepresentation; wrongful eviction; interference with contractual relationship; and conversion.

Mobil Oil Credit Corp. v. DST Realty, Inc., 689 S.W.2d 658 (1985)

Mobil Oil Credit Corp. v. DST Realty, Inc., 689 S.W.2d 658 (1985) Missouri state

...is, where a commercial lease is silent, which party is to pay for newly discovered latent and substantial repairs, structural in nature, the landlord or the tenant? Inapplicable is the implied warranty of habitability as recognized in King v. Moorehead,

Winkler v. Robinett, 913 S.W.2d 817 (1995)

Winkler v. Robinett, 913 S.W.2d 817 (1995) Missouri state

...Robinett had negligently failed to repair. Count two of the petition alleged a breach of an implied warranty of habitability.

Kohner Props., Inc. v. Johnson, 553 S.W.3d 280 (2018)

Kohner Props., Inc. v. Johnson, 553 S.W.3d 280 (2018) Missouri state

...warranty of habitability. After trial, the circuit court, upon "careful consideration of the evidence[,]" entered judgment in favor of Kohner. The circuit court found the hole in the ceiling remained covered by plastic and had not been repaired, and water...

King v. Moorehead, 495 S.W.2d 65 (1973)

King v. Moorehead, 495 S.W.2d 65 (1973) Missouri state

...As a consequence, housing codes adopted stricter requirements of habitability and repair with provision for criminal prosecution of violators.14

King v. Moorehead, 495 S.W.2d 65 (1973)

King v. Moorehead, 495 S.W.2d 65 (1973) Missouri state

...As a consequence, housing codes adopted stricter requirements of habitability and repair with provision for criminal prosecution of violators.[14]