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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (77)

Full Text

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Property Owners’ Motion for Summary Judgment set forth two legal bases in favor of summary judgment and their proper expenditure of Tenants’ security deposits. First, Property Owners assert that “these transactions are not controlled by statute but instead controlled by contract. Parties to a contract are free to relinquish substantial rights, and [Tenants] contractually waived any rights under § 535.300 RSMo. by entering into a contract with potentially different terms.” In their brief, Property Owners give several examples of rights that they allege may be waived9 as part of their overarching argument “that statutes can never bar personal choices in most instances.”