Evictions – Implied Habitability – Jury Trials

With court cases in Missouri changing many years of precedent, courts no longer require rent to be paid into court when a tenant is being evicted for non-payment of rent and at the same time the tenant is claiming they stopped paying rent because the unit was not livable but still lives there.  Combine that with the tenant now having the right to have a jury trial and months could pass with no rent collected that could cost the landlord months of rent, should the case land in the landlord favor and the tenant has no money to pay back rent.

HB 1401:  Introduced by Representative Bruce DeGroot from Chesterfield Missouri

Summary:  This bill requires a tenant who asserts the affirmative defense of breach of implied warranty of habitability, as specified in the bill, and who retains possession of the premises to deposit any then-owed rent into the court’s depository and to continue to deposit any rent that would otherwise be due in accordance with the lease during the course of litigation and until otherwise ordered by the court.

This bill is the same as HB 848 (2017).

This Bill has been read twice.

Missouri POA does support this bill.

We have been told in no uncertain terms that Representative DeGroot does not want any assistance from our group on this bill and that we are a total waste of his time.