Section 13.40 Repairs

• Library: Tort Law 2016

2. (§13.40) Repairs

Recovery against a landlord for negligent failure to make repairs can only be had in those cases in which there is retention of control of the premises by the landlord plus a promise to repair; the promise must be supported by consideration. Woods v. Gould, 515 S.W.2d 592, 595 (Mo. App. W.D. 1968). A mere promise to make repairs, without control of the premises on the part of the landlord, is not sufficient to create liability for the failure to repair, even if the landlord reserves the right to enter the premises for the making of repairs. Grimmeissen v. Walgreen Drug Stores, 229 S.W.2d 593, 598 (Mo. App. E.D. 1950). To satisfy the element of retained possession or control by the landlord, the evidence must be such that a jury can infer that, under the terms of the letting, the tenant gave up and surrendered the right to exclusive possession and control and yielded to the landlord some measure of control and...