Landlord – Tenant: Residential Lease-Implied Warranty Of Habitability-Exculpatory Clause

(1)Where a landlord challenged a judgment for a tenant on her claim for breach of the implied warranty of habitability, the 2017 lease and its exculpatory clause were immaterial because sufficient evidence showed that the tenant’s damages occurred when the original lease was in effect, and the landlord failed to provide the original lease so the court cannot determine whether it included an exculpatory clause that might limit the landlord’s liability, and the judgment is affirmed because the court finds that Alack v. Vic Tanny Int’l Of Mo., Inc. does not allow retroactive application of an exculpatory clause that was not in effect when damages occurred.

(2)Where a landlord challenged a judgment against it on a breach-of-contract claim, the judgment is affirmed because the landlord breached the implied warranty of habitability, the tenant vacated the apartment and the landlord terminated the lease, relieving her of liability for the relevant monthly rent.

Judgment is affirmed.

Tolliver v. 5G Homes, LLC (MLW No. 72365/Case No. ED106391 – 11 pages) (Missouri Court of Appeals, Eastern District, Quigless, J.) Appealed from circuit court, Cape Girardeau County, Kamp, J. (Adam E. Gohn for appellant) (Lew Polivick for respondent).