Cox v. Hardy
371 S.W.2d 945 (1963)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
A tenant's delay in abandoning premises following a landlord's breach of the covenant to repair does not constitute a waiver of the right to claim constructive eviction, particularly when the breach is continuing and its effect is cumulative.
Facts:
- In 1954, landlords and tenants executed a 20-year lease for a mercantile building.
- The lease contained a covenant requiring the landlords to make necessary repairs to keep the property in substantially the same condition as when it was leased.
- In 1956, the building's floor began to give way, and the tenants notified the landlords, who promised but failed to make repairs.
- By early 1957, the floor was sagging badly and windows fell out due to rotting frames.
- The landlords were notified again but advised the tenants they could not afford the necessary repairs.
- The tenants made some temporary repairs themselves and continued to occupy the building for approximately two more years.
- After about two years of the worsening conditions, the tenants abandoned the premises, having paid all rent due up to that time.
Procedural Posture:
- The landlords (appellants) filed suit against the tenants (appellees) in a trial court to recover unpaid rent.
- The tenants defended on the ground of constructive eviction, arguing the landlords' failure to repair terminated their duty to pay rent.
- The jury returned a verdict in favor of the tenants.
- The landlords appealed the judgment to the reviewing court, contending they were entitled to a directed verdict and that a jury instruction was erroneous.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does a tenant waive the right to claim constructive eviction by remaining on the premises for a significant period after the landlord's initial breach of a covenant to repair, especially when the condition of the premises deteriorates over time?
Opinions:
Majority - Clay, Commissioner
No. A tenant does not automatically waive the right to claim constructive eviction by failing to abandon the premises immediately after a landlord's breach of a covenant to repair. The court rejected the strict application of the waiver doctrine in cases involving a continuing breach with a cumulative effect. Instead of focusing on whether the tenant waived their right, the proper inquiry is whether a constructive eviction actually occurred. This requires proving two elements: (1) an act or omission by the landlord that substantially interferes with the tenant's beneficial enjoyment of the premises, making them untenantable, and (2) the tenant's abandonment of the premises because of that condition. The timeliness of the tenant's departure is a factor for the jury to consider in determining the cause of the abandonment, not a separate legal bar to the claim.
Analysis:
This decision significantly shifts the legal analysis of constructive eviction from a rigid waiver doctrine to a more flexible, causation-based inquiry. It establishes that a tenant faced with a gradually deteriorating property is not forced to abandon the premises at the first sign of a breach or risk forfeiting their rights. By treating the delay in abandonment as a factual question for the jury regarding causation, the court provides greater protection for tenants and discourages landlords from neglecting their repair obligations. This precedent makes it more difficult for landlords to defeat a constructive eviction claim solely based on the tenant's delay in vacating.
