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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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Second, Property Owners argue that they complied with the requirements of section 535.300.3 because they either expended in some manner or returned all of Tenants’ security deposits. In support of that argument to the trial court, Property Owners relied on Battis v. Hofmann for the assertion that: “[A] cause of action under § 535.300, RSMo. can only lie for funds which are wrongfully withheld and which are neither returned to the tenant nor expended by the landlord.” After a thorough reading of Battis, we see no basis in it from which to conclude that a landlord may comply with section 535.300 by expending the lease deposit for any purpose. Rather, a logical view of section 535.300.3 and its use of the word “only,” as discussed infra, would yield a plain and ordinary meaning that a landlord may only expend funds for the express purposes set forth section 535.300.3.