Section 535

Citation: Section 535
Parent Document: MICHAEL YOUNKER, BRAD NECKERMANN, ADAM CHADEK, and AMANDA CHADEK v. INVESTMENT REALTY, INC., MICHAEL WOESSNER, LINDA WOESSNER, CURTIS D. BAXTER, SARAH BAXTER, and WILLIAMSBURG APARTMENTS, INC., Defendants-Respondents. (2015)
Jurisdiction: Missouri (state)
Effective Date: 2015-02-20
Original Source: https://www.courtlistener.com/opinion/2780934/michael-younker-brad-neckermann... ↗

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   In their initial brief, Tenants characterize Property Owners’ position as “[Property Owners] try to reduce ‘ordinary
wear and tear’ to nothing by stating in the lease agreements that plain old dirt, even one crumb of it, is not ‘ordinary
wear and tear.’” In their responsive brief, Property Owners do not deny this characterization and appear to confirm
it by stating, “[t]he contracts specify that dirt in the carpet or elsewhere are not ‘normal wear & tear’, and carpet
cleaning is specifically authorized by the tenant. The contract merely defined that which the Legislature failed to
define, and that definition must now control because [Tenants] agreed to it in the contract.”

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