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Bill > HB1401


MO HB1401

MO HB1401
Adds provisions relating to a claim for breach of implied warranty of habitability by a tenant of rental property


summary

Introduced
01/03/2018
In Committee
05/18/2018
Crossed Over
Passed
Dead
05/18/2018

Introduced Session

2018 Regular Session

Bill Summary

AN ACT To repeal section 441.234, RSMo, and to enact in lieu thereof one new section relating to habitability of rental property.

AI Summary

This bill adds new provisions to the existing law related to a tenant's claim for breach of implied warranty of habitability for rental property. The key provisions are: 1. It establishes the requirements for a tenant to be eligible to exercise this claim, including having lawfully resided on the rental premises for at least six consecutive months, paid all rent and charges due, and not received any written notice of lease violations during that time. 2. It allows tenants to notify the landlord of certain habitability, sanitation, or security issues and deduct the reasonable cost of repairs (up to $300 or half the rent, whichever is greater, but not exceeding one month's rent) if the landlord fails to address the issue within 14 days, provided the tenant follows the proper procedures. 3. It requires tenants asserting a breach of implied warranty of habitability defense to deposit the owed rent into the court's depository during the litigation, with exceptions for tenants receiving housing assistance. Failure to do so can result in a judgment for possession and unpaid rent. 4. It defines the specific criteria required to establish a valid claim for breach of implied warranty of habitability, including the existence of an insanitary or dangerous condition that materially affects the tenant's life, health, or safety, and the landlord's failure to fix the issue after reasonable notice.

Committee Categories

Justice

Sponsors (1)

Last Action

Referred: Judiciary(H) (on 05/18/2018)

bill text


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