Real Property: Unlawful Detainer-Warranty of Habitability-Current Possession

Where in a dispute arising from a lease agreement for rental property, the landlord brought an action for rent and possession and later amended the petition to request relief for unlawful detainer, and the tenant raised a counter claim and affirmative defense of breach of the warranty of habitability based on the shutting-off of water services, the trial court did not err in dismissing the affirmative defense and counter claim because they were precluded by Section 534.200, which precludes all such claims that go beyond the sole issue of who is entitled to possession.

Judgment is affirmed.

I-70 Mobile City Inc. v. Cartwright (MLW No. 74630/Case No. WD82790 – 11 pages) (Missouri Court of Appeals, 8th Circuit, Witt, J.) Appealed from circuit court, Lafayette County, Rose, J. (Brooke Pollard and Robert H. Schnieders, Oak Grove, for respondent) (William A. Shull III, Warrensburg, for appellant).