Missouri Court of Appeals, Eastern District / Nov 27, 2018
Kasey L. Tolliver, Respondent, vs. 5 G Homes, LLC, Appellant.
Kasey L. Tolliver sued her landlord, 5 G Homes, LLC, for breach of implied warranty of habitability due to water leaks and mold damage. 5 G Homes counterclaimed for unpaid rent. The circuit court ruled in favor of Tolliver on her claim and against 5 G Homes on its counterclaim. On appeal, the Eastern District affirmed, holding that an exculpatory clause in a later lease was inapplicable to damages occurring under a prior lease, and that Tolliver was relieved of rent obligations due to the landlord's breach of the implied warranty of habitability.