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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Ordinarily, an analysis of the application of this section should begin with a determination as to whether particular funds paid by a tenant to a landlord meet the subsection 7 statutory definition of a “security deposit.” We need not reach that initial issue and make that determination here, however, because Property Owners conceded at oral argument that the manner in which they treated and handled Tenants’ lease deposits, irrespective of the express provisions in the lease agreements, met the statutory definition requirements for those lease deposits to be considered a “security deposit” as defined in subsection 535.300.7.8 Therefore, our analysis here begins with determining whether a genu*7ine issue of material fact exists as to whether the non-refunded portions of Tenants’ security deposits were appropriately expended by Property Owners.

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