Real Property: Landlord/Tenant-Violation of MMPA

Plaintiffs appealed the jury’s verdict for defendants. Plaintiffs leased a residential unit from defendants but found that their HVAC unit would not heat the unit to their desired temperature. The parties ultimately terminated the lease to conduct repairs to the HVAC system. Plaintiffs filed suit alleging violations of the Missouri Merchandising Practices Act, breach of the implied warranty of habitability, negligence, and conspiracy, claiming that defendants misrepresented the condition of the unit to induce plaintiffs to move in. The trial court granted defendants summary judgment on plaintiffs’ implied warranty of habitability claim and rejected plaintiffs’ proposed verdict director on the remaining MMPA claim.

Where plaintiffs failed to raise a triable issue as to the alleged inadequate heat in plaintiffs’ unit and the impact on plaintiffs’ health and quality of life, the trial court correctly dismissed the warranty of habitability claim on summary judgment, and thus plaintiffs’ proposed verdict director was properly rejected as it relied on the warranty of habitability claim.

Judgment is affirmed.

Seymour v. Switzer Tenant LLC (MLW No. 79788/Case No. WD85134, WD85157 & WD85166 – 16 pages) (Missouri Court of Appeals, Western District, Sutton, J.) Appealed from circuit court, Jackson County, Torrence, J. (Anthony Bonuchi, Kansas City; Bryce Bell, Kansas City; Mark Schmitz, Kansas City; Andrew Taylor, Kansas City; Jenilee Zentrich, Kansas City, for appellants) (Lee Brumitt, Kansas City; David Buffo, Prairie Village, KS; Matthew Geary, Kansas City; James Morrow, Kansas City; Hillary Hyde, Kansas City; Blake Butner, Kansas City; Brittain McClurg, Kansas City, for respondents)