Section 5 Implied Warranty of Habitability

• Library: Real Estate Leasing and Landlord-Tenant Actions and Remedies 2011

Missouri has judicially adopted the implied warranty of habitability for all residential leases. See Detling v. Edelbrock,671 S.W.2d 265, 270 (Mo. banc 1984); King v. Moorehead,495 S.W.2d 65, 75 (Mo. App. W.D. 1973). The concept is unique to residential leases and has not been applied outside the context of residential leases. See Mobil Oil Credit Corp. v. DST Realty, Inc.,689 S.W.2d 658, 659 (Mo. App. W.D. 1985). But see Davidow v. Inwood N. Prof’l Group—Phase I,747 S.W.2d 373 (Tex. 1988) (extending an...