Younker v. Investment Realty, Inc., 461 S.W.3d 1 (2015)

Citation: Younker v. Investment Realty, Inc., 461 S.W.3d 1 (2015)
Parent Document: Younker v. Investment Realty, Inc., 461 S.W.3d 1 (2015)
Jurisdiction: Missouri (state)
Effective Date: 2015-02-20
Original Source: https://www.courtlistener.com/opinion/5445505/younker-v-investment-realty-inc/ ↗

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GARYW. LYNCH, J.
Michael Younker, Brad Neckermann, Adam Chadek, and Amanda Chadek (collectively referred to as “Tenants”) appeal from the trial court’s judgment denying class certification and granting summary judgment on all claims in their petition in favor of Investment Realty, Inc., Michael Woessner, Linda Woessner, Curtis Baxter, Sarah Baxter, and Williamsburg Apartments, Inc. (collectively referred to as “Property Owners”).1 Tenants alleged in their petition that Property Owners improperly retained a portion of their lease deposits in violation of section 535.300.2 Property Owners moved for summary judgment asserting that the terms of Tenants’ lease agreements, which varied from the security deposit requirements of section 535.300, were controlling and that all lease deposits were handled according to the contractual terms in the lease agreements. The trial court, relying upon the uncontroverted fact of Property Owners’ compliance with such contractual terms, granted summary judgment in favor of Property Owners. Because compliance *3with the security deposit requirements imposed by section 535.300 is mandatory and cannot be contractually varied or altered and genuine issues of material fact exist as to whether Property Owners complied with such statutory requirements, the trial court’s judgment is reversed. Factual and Procedural Background

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