Missouri Tenant's Answer and Affirmative Defenses to Eviction (Rent and Possession / Unlawful Detainer)

MISSOURI TENANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS

TABLE OF CONTENTS

1. Caption
2. General Denial and Demand for Strict Proof
3. Specific Responses to Petition Allegations
4. Affirmative Defenses
5. Counterclaims
6. Demand for Jury Trial
7. Prayer for Relief
8. Verification
9. Signature Block
10. Certificate of Service
11. Missouri Tenant Defense Practice Notes
12. Sources and References

1. CAPTION

IN THE [CIRCUIT / ASSOCIATE CIRCUIT] COURT OF [COUNTY] COUNTY, MISSOURI

[___]th JUDICIAL CIRCUIT

Case No. [________________________________]

Division: [____]

DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS

2. GENERAL DENIAL AND DEMAND FOR STRICT PROOF

COMES NOW Defendant [TENANT NAME] ("Defendant" or "Tenant"), by and through [counsel / pro se], and for Answer to Plaintiff's Verified Statement for Rent and Possession / Petition for Unlawful Detainer, states as follows:

2.1. Defendant DENIES each and every allegation in the Petition not specifically admitted herein and demands that Plaintiff be put to strict proof of every element.

2.2. Defendant requests that the Court hold Plaintiff to its statutory burden of pleading and proof under Mo. Rev. Stat. §§ 535.020 (verification; demand made and refused; description of premises and rent terms) or 534.030 (specified statutory ground; written demand to quit where required).

3. SPECIFIC RESPONSES TO PETITION ALLEGATIONS

3.1. As to Paragraph 1 of the Petition: ☐ ADMIT ☐ DENY ☐ LACK INFORMATION
Explanation: [____]

3.2. As to Paragraph 2: ☐ ADMIT ☐ DENY ☐ LACK INFORMATION
Explanation: [____]

3.3. As to Paragraph 3 (the Lease and tenancy): ☐ ADMIT (the Lease attached as Exhibit A is a true copy) ☐ DENY ☐ LACK INFORMATION
Explanation: [____]

3.4. As to Paragraph 4 (rent due): Defendant ☐ ADMITS ☐ DENIES that the amounts stated are correct. Defendant specifically denies that the amounts represent only "rent" within the meaning of § 535.020 and asserts that some or all of the claimed sums are non-rent fees not subject to possession remedy.

3.5. As to Paragraph 5 (demand): Defendant ☐ ADMITS ☐ DENIES that a proper demand was made. Defendant specifically asserts that any demand was: ☐ Not received ☐ Not in writing ☐ Premature ☐ Defective in content.

3.6. As to Paragraph 6 (notice / demand to quit, Track B): Defendant ☐ ADMITS ☐ DENIES that the required notice was served and that any notice that was served complied with §§ 441.060 / 534.030 in timing, content, and method.

3.7. As to Paragraph 7 (damages): Defendant DENIES that Plaintiff has been damaged in the amount alleged or in any amount. Defendant denies that Plaintiff is entitled to double damages under § 534.330 absent proof of waste or malicious detention.

3.8. As to all remaining paragraphs not specifically addressed: DENIED.

4. AFFIRMATIVE DEFENSES

4.1 First Affirmative Defense — Defective Pre-Suit Notice

The Petition fails because Plaintiff did not properly serve, or did not timely serve, the pre-suit notice required by the Lease, Mo. Rev. Stat. § 441.060 (for termination of periodic tenancy), and/or Mo. Rev. Stat. § 534.030(4) (written demand to quit). Specifically: [DETAIL — e.g., notice was served on [DATE] but the notice period had not run; notice was not in writing; notice failed to identify the alleged breach; service was by a method not authorized by the Lease].

4.2 Second Affirmative Defense — Defective Verification / Pleading

The Petition fails to comply with Mo. Rev. Stat. §§ 535.020 or 534.070 in that: ☐ It is not properly verified; ☐ It does not adequately describe the premises; ☐ It does not state the terms of the rental agreement; ☐ It does not allege a proper demand; ☐ Plaintiff is not the real party in interest under Mo. Sup. Ct. R. 52.01.

4.3 Third Affirmative Defense — Tender / Payment

Defendant tendered the full amount of rent claimed within the cure period (or before judgment), which Plaintiff refused without lawful basis. Tender extinguishes the possession claim under standard contract principles.

4.4 Fourth Affirmative Defense — Breach of Implied Warranty of Habitability

Plaintiff materially breached the implied warranty of habitability recognized in King v. Moorehead, 495 S.W.2d 65 (Mo. App. 1973), and Kohner Properties, Inc. v. Johnson, 553 S.W.3d 280 (Mo. banc 2018), by failing to maintain the Premises in safe, sanitary, and habitable condition. Specifically: [DESCRIBE CONDITIONS — e.g., persistent water intrusion; mold; vermin; lack of heat; lack of hot water; unsafe electrical wiring; structural defects]. The breach was reported to Plaintiff on [__/__/____] and Plaintiff failed to make timely repairs. Tenant's obligation to pay rent is dependent upon Plaintiff's performance of the warranty, and rent is therefore abated in whole or in part.

4.5 Fifth Affirmative Defense — Repair and Deduct (RSMo § 441.234)

Defendant gave Plaintiff written notice on [__/__/____] of conditions that detrimentally affected the habitability, sanitation, or security of the Premises and constituted local code violations. Plaintiff failed to correct the conditions within fourteen (14) days. Defendant lawfully had the work performed and deducted $[__________] from rent in compliance with § 441.234. The amount lawfully deducted is not a rent default.

4.6 Sixth Affirmative Defense — Constructive Eviction

The conditions described above were so severe that Defendant was constructively evicted from all or part of the Premises during the period for which rent is claimed. No rent is owed for periods of constructive eviction.

4.7 Seventh Affirmative Defense — Retaliation

Plaintiff's eviction action is in retaliation for Defendant's exercise of legal rights, including: ☐ Reporting code violations to [LOCAL AGENCY] on [__/__/____]; ☐ Requesting repairs on [__/__/____]; ☐ Joining or supporting a tenant organization; ☐ Asserting rights under federal, state, or local law; ☐ Cooperating with a government investigation. [If KCMO: Retaliation violates KCMO Code § 27-301, which prohibits any retaliatory action including eviction filing.]

4.8 Eighth Affirmative Defense — Discrimination (FHA / MHRA)

Plaintiff's eviction is motivated, in whole or in part, by Defendant's protected status under the federal Fair Housing Act (42 U.S.C. § 3604) and the Missouri Human Rights Act (Mo. Rev. Stat. § 213.040). Specifically: [DESCRIBE PROTECTED CLASS AND DISCRIMINATORY CONDUCT — e.g., race, color, religion, national origin, sex, disability, familial status, source of income (where local ordinance applies)].

4.9 Ninth Affirmative Defense — Failure to Provide Reasonable Accommodation

Defendant has a disability within the meaning of 42 U.S.C. § 3602(h) and Mo. Rev. Stat. § 213.010. Defendant timely requested reasonable accommodation [DESCRIBE REQUEST AND DATE]. Plaintiff denied or failed to engage in the interactive process. The eviction is the direct result of Plaintiff's failure to accommodate.

4.10 Tenth Affirmative Defense — VAWA Protection

Defendant is a victim of [domestic violence / dating violence / sexual assault / stalking] within the meaning of 34 U.S.C. § 12491 and 24 C.F.R. § 5.2003. The conduct alleged as a basis for eviction directly relates to or arises from such victimization. The Premises are covered housing. Eviction on this basis is barred.

4.11 Eleventh Affirmative Defense — Federal Notice Non-Compliance (HUD-Subsidized Housing)

The Premises are subject to 24 C.F.R. § 247 (or § 982 / § 880 / § 5.858, as applicable). Plaintiff's pre-suit notice did not comply with the content and timing requirements of those regulations and is therefore void.

4.12 Twelfth Affirmative Defense — Self-Help Eviction Bar (RSMo § 441.233)

Plaintiff has engaged in conduct prohibited by § 441.233, including [LOCKOUT / UTILITY SHUT-OFF / DOOR REMOVAL / PROPERTY EXCLUSION] on [__/__/____]. Plaintiff cannot collect rent for the period during which Defendant was unlawfully excluded and cannot use the eviction process to ratify self-help conduct. (See Counterclaim Count II.)

4.13 Thirteenth Affirmative Defense — Setoff / Recoupment

Defendant is entitled to setoff against any rent owed by reason of: ☐ Wrongfully withheld security deposit ($[____] x 2 under § 535.300); ☐ Repair-and-deduct credit ($[____]); ☐ Damages from self-help eviction ($[____]); ☐ Habitability rent abatement ($[____]); ☐ Other ($[____]).

4.14 Fourteenth Affirmative Defense — Defective Service of Summons

Service of summons did not comply with Mo. Sup. Ct. R. 54 and § 535.030. Specifically: [DETAIL — e.g., not served at least four days before return date; served on a non-resident; left at premises without person of suitable age].

4.15 Fifteenth Affirmative Defense — Lease Termination by Plaintiff's Conduct

Plaintiff's conduct (acceptance of rent after notice of termination, written waiver, oral promise of renewal, etc.) constitutes waiver, estoppel, or accord and satisfaction precluding the relief sought.

4.16 Sixteenth Affirmative Defense — Failure to State a Claim

The Petition fails to state a claim upon which relief may be granted under Mo. Sup. Ct. R. 55.27(a)(6).

4.17 Reservation

Defendant reserves the right to assert additional defenses as discovery progresses.

5. COUNTERCLAIMS

5.1 COUNT I — Wrongful Withholding of Security Deposit (Mo. Rev. Stat. § 535.300)

5.1.1. Defendant paid Plaintiff a security deposit of $[__________] on [__/__/____].

5.1.2. The tenancy [terminated / will terminate] on [__/__/____].

5.1.3. Plaintiff has failed to either (a) return the deposit in full, or (b) provide a written itemized list of damages with the balance, within thirty (30) days as required by § 535.300.4.

5.1.4. Plaintiff has wrongfully withheld $[__________] of the deposit.

5.1.5. Pursuant to § 535.300.5, Defendant is entitled to recover twice the amount wrongfully withheld, i.e., $[__________].

5.2 COUNT II — Self-Help Eviction (Mo. Rev. Stat. § 441.233)

5.2.1. On or about [__/__/____], Plaintiff (or its agent) [changed the locks / removed doors / shut off (electric / gas / water / sewer) service / removed Defendant's personal property] without judicial process.

5.2.2. Such conduct violates § 441.233 and constitutes forcible entry and detainer under Chapter 534.

5.2.3. Plaintiff is barred from collecting rent for the period during which Defendant was unlawfully excluded, and Defendant is entitled to actual damages, costs, and attorneys' fees in the amount of $[__________].

5.3 COUNT III — Breach of Implied Warranty of Habitability

5.3.1. Plaintiff has a duty under King v. Moorehead and Kohner Properties to maintain the Premises in habitable condition.

5.3.2. From [__/__/____] to [__/__/____], the Premises suffered the conditions described in ¶ 4.4 above.

5.3.3. Defendant gave notice to Plaintiff on [__/__/____] and Plaintiff failed to make timely repairs.

5.3.4. The fair rental value of the Premises in their defective condition was $[____]/month rather than the contract rent of $[____]/month, resulting in damages of $[__________].

5.4 COUNT IV — Violation of Fair Housing Act / Missouri Human Rights Act

5.4.1. Defendant is a member of a protected class: [____].

5.4.2. Plaintiff has engaged in unlawful housing practices in violation of 42 U.S.C. § 3604 and Mo. Rev. Stat. § 213.040 by [DESCRIBE CONDUCT].

5.4.3. Defendant has suffered damages in the amount of $[__________], plus attorneys' fees and costs under § 213.111 and 42 U.S.C. § 3613.

5.5 COUNT V — Retaliation (Common Law / KCMO Code § 27-301)

5.5.1. Defendant engaged in protected activity by [____] on [__/__/____].

5.5.2. Plaintiff filed this eviction action in retaliation for that activity.

5.5.3. Defendant is entitled to dismissal of the eviction, actual damages, and (under KCMO § 27-301) statutory penalties and attorneys' fees.

6. DEMAND FOR JURY TRIAL

Defendant hereby DEMANDS a trial by jury on all issues so triable, pursuant to Mo. Const. art. I, § 22(a) and Chapter 517.

7. PRAYER FOR RELIEF

WHEREFORE, Defendant prays that the Court:

A. DISMISS the Petition with prejudice and enter judgment for Defendant on the issue of possession;

B. DENY Plaintiff's request for any money judgment, or in the alternative reduce any award by the amount of rent abatement, repair-and-deduct credit, and other setoffs;

C. ENTER JUDGMENT for Defendant on each of the Counterclaims in the amounts proven at trial, together with prejudgment interest;

D. AWARD double damages under Mo. Rev. Stat. § 535.300.5 for any wrongfully withheld security deposit;

E. AWARD attorneys' fees and costs under 42 U.S.C. § 3613, Mo. Rev. Stat. § 213.111, the Lease, and applicable local ordinance;

F. PERMIT Defendant to deposit accrued and accruing rent into the court registry pending adjudication of the habitability defense (Kohner Properties rent escrow); and

G. GRANT such other and further relief as the Court deems just and equitable.

8. VERIFICATION

STATE OF MISSOURI )
) ss.
COUNTY OF [____] )

I, [TENANT NAME], being first duly sworn upon my oath, depose and state that I am the Defendant in this action, that I have read the foregoing Answer, Affirmative Defenses, and Counterclaims, and that the matters and facts stated therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]
[TENANT NAME], Affiant

Subscribed and sworn to before me this [____] day of [____________], 20[____].

[________________________________]
Notary Public

My commission expires: [__/__/____]

[NOTARY SEAL]

9. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[ATTORNEY NAME], Mo. Bar No. [____]
[FIRM NAME or LEGAL AID PROGRAM]
[ADDRESS]
Telephone: [____]
Email: [____]
Attorney for Defendant

OR (if pro se):

[________________________________]
[TENANT NAME], Defendant Pro Se
[ADDRESS]
[PHONE / EMAIL]

10. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], the foregoing was filed with the Clerk of the Court via the Missouri eFiling system (or by hand-delivery to the clerk's office), with a copy served on Plaintiff's counsel via:

☐ Missouri eFiling notice
☐ U.S. Mail to [ADDRESS]
☐ Hand delivery
☐ Email to [ADDRESS] (with consent)

[________________________________]
[ATTORNEY / TENANT NAME]

11. MISSOURI TENANT DEFENSE PRACTICE NOTES

11.1 Critical Deadlines

11.2 Right to Counsel

• Kansas City, MO: Tenant Right to Counsel Program (June 1, 2022) — full-scope free attorney representation, all incomes. Phone (816) 474-5112 or https://www.kcmo.gov/city-hall/housing/tenant-resources.
• St. Louis area: Legal Services of Eastern Missouri (LSEM) at https://lsem.org; phone (314) 534-4200.
• Statewide: Legal Services of Missouri (LSMO) at https://www.lsmo.org.
• Mid-Missouri / Boone: Mid-Missouri Legal Services.

11.3 Habitability and Rent Escrow

Kohner Properties, Inc. v. Johnson, 553 S.W.3d 280 (Mo. banc 2018), confirms that a tenant raising habitability as a defense in a rent-and-possession case may be required to deposit accrued rent into the court registry as a condition of the defense. File a Motion for Rent Escrow simultaneously with the Answer to demonstrate good faith and avoid the defense being stricken.

11.4 Documentation Tenants Should Bring to Court

• Copy of the lease and all amendments
• Copy of all rent receipts and bank statements proving payment
• Any pre-suit notice received from landlord (Pay-or-Quit, Cure-or-Quit, Termination)
• Photographs and videos of habitability conditions
• Copies of written complaints to landlord and any responses
• Code-enforcement citations, inspection reports
• Communications with the landlord (texts, emails)
• Witnesses (other tenants, repair persons, code inspectors)
• Medical records (if disability accommodation or habitability harm to health)
• Police reports (if VAWA or self-help eviction)

11.5 Trial De Novo Strategy

The trial de novo under § 535.110 is a fresh proceeding before the circuit judge. It is NOT an appellate review — the case starts over. Bond requirements are strict; even a clerical defect in the bond defeats the stay. Because the bond must cover "all damages, costs, and rent then due," the dollar amount can be substantial. Tenants should consult a Missouri attorney before applying.

11.6 Eviction Records on Missouri Case.net

All eviction filings appear on Missouri Case.net (https://www.courts.mo.gov/casenet/). The filing alone — even when later dismissed or won by tenant — can damage future housing applications. Tenants should:

• Insist on a final judgment in their favor or a dismissal "with prejudice"
• Consider negotiating a sealed-record stipulation or motion to seal in egregious cases
• Track pending state legislation on eviction-record sealing (verify status)

11.7 Counterclaim Strategy

Asserting counterclaims:

• Increases the tenant's leverage in settlement
• May exceed the small-claims jurisdictional cap and force transfer to the circuit-court track (slower but more defenses available)
• Triggers landlord's discovery obligations on counterclaim issues
• Preserves federal-question jurisdiction for FHA and VAWA claims

11.8 Federal-Court Removal

If counterclaims arise under federal law (FHA, VAWA, ADA, Section 1983), removal to federal district court under 28 U.S.C. § 1441 may be available. The 30-day removal deadline runs from receipt of the petition. Coordinate carefully with state-court timelines.

11.9 Local Ordinance Defenses

• KCMO: Retaliation (§ 27-301), Right to Counsel, source-of-income discrimination
• St. Louis City: Property registration, fair housing
• Columbia, Springfield, other municipalities: Verify local human-rights ordinances

12. SOURCES AND REFERENCES

Statutes (Missouri Revised Statutes)

• Mo. Rev. Stat. § 535.020 — Rent and possession procedure: https://revisor.mo.gov/main/OneSection.aspx?section=535.020
• Mo. Rev. Stat. § 535.040 — Hearing; execution: https://revisor.mo.gov/main/OneSection.aspx?section=535.040
• Mo. Rev. Stat. § 535.060 — Demand of rent good when made: https://revisor.mo.gov/main/OneSection.aspx?section=535.060
• Mo. Rev. Stat. § 535.110 — Trial de novo; appeal bond: https://revisor.mo.gov/main/OneSection.aspx?section=535.110
• Mo. Rev. Stat. § 535.300 — Security deposits; double damages: https://revisor.mo.gov/main/OneSection.aspx?section=535.300
• Mo. Rev. Stat. § 534.030 — Unlawful detainer defined: https://revisor.mo.gov/main/OneSection.aspx?section=534.030
• Mo. Rev. Stat. § 534.330 — Damages for unlawful detainer: https://revisor.mo.gov/main/OneSection.aspx?section=534.330
• Mo. Rev. Stat. § 441.060 — Termination of tenancy: https://revisor.mo.gov/main/OneSection.aspx?section=441.060
• Mo. Rev. Stat. § 441.233 — Self-help eviction prohibited: https://revisor.mo.gov/main/OneSection.aspx?section=441.233
• Mo. Rev. Stat. § 441.234 — Repair and deduct: https://revisor.mo.gov/main/OneSection.aspx?section=441.234
• Mo. Rev. Stat. § 213.040 — Unlawful housing practices: https://revisor.mo.gov/main/OneSection.aspx?section=213.040
• Mo. Rev. Stat. § 213.111 — MHRA private right of action: https://revisor.mo.gov/main/OneSection.aspx?section=213.111

Court Rules

• Mo. Sup. Ct. R. 54 — Service of process
• Mo. Sup. Ct. R. 55 — Pleadings; affirmative defenses (R. 55.08)
• Mo. Sup. Ct. R. 55.27 — Defenses and objections (motion to dismiss)
• Mo. Sup. Ct. R. 55.32 — Counterclaims and cross-claims

Cases

• King v. Moorehead, 495 S.W.2d 65 (Mo. App. 1973): https://law.justia.com/cases/missouri/court-of-appeals/1973/25812-0.html
• Kohner Properties, Inc. v. Johnson, 553 S.W.3d 280 (Mo. banc 2018): https://www.courts.mo.gov/file.jsp?id=116829

Federal Authority

• 42 U.S.C. §§ 3601 et seq. — Fair Housing Act
• 42 U.S.C. § 3613 — FHA private right of action / fee shifting
• 24 C.F.R. § 247 — HUD eviction procedures
• 24 C.F.R. § 5.2003, 5.2005 — VAWA implementing regulations
• 34 U.S.C. § 12491 — VAWA housing protections

Local Ordinances and Programs

• Kansas City, MO Tenant Bill of Rights (KCMO Code § 27-301 et seq.): https://www.kcmo.gov/city-hall/housing/tenant-resources
• KCMO Tenant Right to Counsel Program: https://civilrighttocounsel.org/major_developments/all-about-the-tenant-right-to-counsel-in-kansas-city/

Tenant Resources

• Missouri Tenant Help: https://motenanthelp.org/
• Legal Services of Eastern Missouri Tenant Toolkit: https://lsem.org/wp-content/uploads/2024/07/Tenant-ToolKit-2024-FINAL.pdf
• Legal Services of Missouri Residential Landlord-Tenant Outline: https://www.lsmo.org/sites/lsmo.org/files/FINAL%20OUTLINE_2015%20CONFERENCE_0.pdf
• Missouri Bar — Implied Warranty of Habitability: https://news.mobar.org/missouris-implied-warranty-of-habitability/
• Missouri Court Self-Help: https://www.courts.mo.gov/page.jsp?id=89321
• Missouri Case.net: https://www.courts.mo.gov/casenet/

END OF ANSWER