Section 6 Elements of a Cause of Action
| Library | Real Estate Leasing and Landlord-Tenant Actions and Remedies 2011 |
The elements of a cause of action for breach of the implied warranty of habitability are:
“(1) entry into a lease for residential property;
(2) the subsequent development of dangerous or unsanitary conditions . . . materially affecting the life, health, and safety of the tenant;
(3) reasonable notice of the defects to the landlord [and reasonable opportunity to correct the defect]; and
(4) subsequent failure to restore the premises to habitability.”
Loven v. Davis,783 S.W.2d 152, 156 (Mo. App. S.D. 1990)...
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