Implied warranty of habitability enforced

Every lease of residential space implied that the space was habitable, meaning free of conditions on that materially impacted health or safety. Despite an inadequate appellants’ brief and record, and failure to preserve the theory on appeal, the record was sufficient to show that conditions on the leased premises were more than de minimis code violations and inconvenience. Defendant landlords’ premises had water leaks from a living room ceiling and kitchen plumbing, mold in the refrigerator, inoperable air conditioning, and live wires sticking out of bathroom switches. The Missouri Court of Appeals affirmed plaintiff tenants’ judgment.

Grace Herr, Ally Burke, and Majorie Alvord, Respondents, vs. Min Zhao, Appellant, Yanqun Dong, Defendant.

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