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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 535

Citation
Section 535
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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“The legislature is presumed to know the existing law when enacting a new piece of legislation.” Greenbriar Hills Country Club v. Dir. of Revenue, 47 S.W.3d 346, 352 (Mo. banc 2001). Given the long-standing common understanding as to the ordinary meaning of the phrase “ordinary wear and tear,” it did not need any further definition in section 535.300. Moreover, if parties were able to contractually redefine this term contrary to its ordinary meaning, it would frustrate the purpose of the statute and the legislative intent for enacting it, i.e., balancing the interests of landlords and tenants in a residential tenancy, as discussed infra.14 Property Owners, therefore, cannot demonstrate compliance with section 535.300.3 by contractually crafting their own definition of “ordinary wear and tear.”