Chiodini v. Fox, 207 S.W.3d 174 (2006)

Citation: Chiodini v. Fox, 207 S.W.3d 174 (2006)
Parent Document: Chiodini v. Fox, 207 S.W.3d 174 (2006)
Jurisdiction: Missouri (state)
Effective Date: 2006-10-03
Original Source: https://www.courtlistener.com/opinion/2273811/chiodini-v-fox/ ↗

Full Text

794 chars

On December 5, 2003 Chiodini commenced the instant action against Fox-Winkler for breach of lease. On January 21, 2004 Fox-Winkler filed an answer to Chiodini’s petition, alleging as an affirmative defense that the premises were uninhabitable. On September 30, 2004 Fox-Winkler filed a counterclaim for the return of their security deposit. A bench trial was held on October 31, 2005 and, on November 16, 2005, the court entered judgment for Fox-Winkler. The trial court found that Chiodini breached the implied warranty of habitability by not possessing the appropriate permits and inspections, which would allow for Fox-Winkler’s legal occupancy at the time of the commencement of the lease. The court awarded Fox-Winkler the return of their security deposit as damages. This appeal followed.

Other Sections in This Document (32)

Full Text