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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kolb v. DEVILLE I PROPERTIES, LLC, 326 S.W.3d 896 (2010)

Citation
Kolb v. DEVILLE I PROPERTIES, LLC, 326 S.W.3d 896 (2010)
Parent Document
Kolb v. DEVILLE I PROPERTIES, LLC, 326 S.W.3d 896 (2010)
Jurisdiction
Missouri (state)
Effective Date
2010-12-14

Other Sections in This Document (46)

Full Text

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The fact that Plunkett did not see any bedbugs and that he sprayed the apartment once with chemicals designed to kill bedbugs does not establish that the premises were returned to a habitable condition. Indeed, Plunkett even said that it takes between two to four sprayings to kill bedbugs. DeVille, however, had no intention of correcting the bedbug problem as evidenced by its not ordering repeated sprayings of the apartment. DeVille did not order additional sprayings because the letter deVille sent to the Kolbs establishes that deVille did not believe that the apartment had bedbugs. The evidence in this case was sufficient to establish that deVille failed to restore the premises to a habitable condition.