Habitability as a Defense in an Unlawful Detainer Case Discussed

Cases involving unlawful detainer typically arise when there is no lease agreement or the lease has expired but the tenant simply refuses to leave the property.  In a recent case involving unlawful detainer and the defense that the property was not habitable, the Court found that the only issue in an unlawful detainer case is the right to immediate possession of property.  Therefore, the Court dismissed the defendant’s affirmative defenses and counterclaims for breach of habitability as not relevant stating that “claims beyond those relevant to the unlawful detainer action may be brought in a separate action.”  As such, the Court allowed the matter to proceed on the unlawful detainer claim.  I-70 Mobile city, Inc. vs. Deidre Cartwright, MO Court of Appeals, W.D., WD82790