Abstract

This Essay discusses the economic and public policy concerns regarding the implied warrant of habitability law and the ability of tenants in the state of Missouri can raise effective defenses to rent and possession/eviction actions. The authors, Tokarz and Schmook, director and supervising attorney, respectively, of Washington University’s Civil Rights and Community Justice Clinic, evaluate these issues in light of Kohner Props., Inc. v. Johnson, which currently awaits a decision from the Missouri Supreme Court. Tokarz and Schmook use statistical analysis to identify recent trends in favorable results for landlords in disputes with tenants and stress the effects the Missouri Supreme Court’s decision in Kohner could have in future cases involving tenant rights.

Keywords

landlords, tenants, escrow rent, housing, eviction, warranty of habitability, St. Louis, Missouri, Washington University School of Law, Washington University Civil Rights & Community Justice Clinic, Metropolitan Saint Louis Equal Housing & Opportunity Council, legal services, law students, law school clinic