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Tenant Wins Eviction Case Against Landlord; Jury Awards Damages for Severe Habitability Issues

A Jackson County jury rejected a landlord’s eviction claims and awarded tenant Mary Smith $40,000 on her habitability and consumer-protection counterclaims.

Heartland Center for Jobs & Freedom

On Friday, January 26, a Jackson County jury found in favor of tenant Mary Smith on all counts in an eviction case brought against her by her landlords and awarded the tenant $40,000. Ms. Smith was represented by the Safe Homes for All team at Heartland Center for Jobs and Freedom, which seeks to hold landlords accountable for neglect and disrepair of rental housing.

The case sought to evict the tenant for rent owed. Ms. Smith filed two counterclaims against the plaintiff for violating Missouri’s warranty of habitability and Merchandising Practices Act, which protects consumers against fraud and deception.

Ms. Smith had lived in the home on the east side of Kansas City since 2017 and endured a litany of poor housing conditions at the hands of her landlord, who refused to make necessary repairs while continuing to collect rent. The issues included rodent infestation, sewage backup in the basement, unsafe and nonworking electrical wiring, structural damage, lack of smoke detectors, holes in walls and siding, and nonlocking exterior doors.

Rarely, if ever, do juries get to weigh in on eviction cases, so this was a historical moment. The message is clear: landlords need to clean up their properties and ensure that tenants’ homes are safe and healthy, or the consequences could be heavy.

Gina ChialaHeartland Center attorney and Executive Director

I hope that my case helps all tenants win safe and healthy homes, no matter where they live, what race they are, and how poor they are. We have a right to decent housing.

Mary Smith

About the Heartland Center

Founded in 2017, Heartland Center for Jobs and Freedom is a nonprofit legal center that enforces the rights of tenants and low-wage workers. For updates and information, visit jobsandfreedom.org or follow @jobsandfreedom on Instagram.

Media contact

Gina Chiala, ginachiala@jobsandfreedom.org, 816-585-7786
Candace Ladd, candaceladd@jobsandfreedom.org, 913-660-8418

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