Missouri Court of Appeals, Eastern District / Date unavailable
Capitol South, Inc., Appellant, v. Concord Fitness MO, LLC, Respondent.
Capitol South, Inc. (landlord) appealed the trial court's judgment in favor of Concord Fitness MO, LLC (tenant) on its claim for unlawful detainer. The landlord argued it properly terminated the lease due to the tenant's repeated failure to pay rent, invoking a provision that allowed termination without notice or opportunity to cure. The appellate court affirmed the trial court's judgment, finding that the landlord's termination was premature because the specific conditions for termination under the "Repeated Default Provision" of the lease had not yet been met.