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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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Section 535

Paragon Group, Inc. v. Ampleman, 878 S.W.2d 878 (1994) Missouri state

Section 535.300.2 provides a landlord shall, within 30 days after termination of tenancy, either return the full amount of any security deposit or furnish the tenant a written itemized list of damages for which the security deposit is...

Section 535

Younker v. Investment Realty, Inc., 461 S.W.3d 1 (2015) Missouri state

. The lease agreement refers to this amount as a security deposit. In order to avoid confusion with the section 535.300 statutory definition of a security deposit, we refer to this amount as the "lease deposit.” . Rule references are to...

Section 535

Younker v. Investment Realty, Inc., 461 S.W.3d 1 (2015) Missouri state

...This broad language indicates that the legislature intended to control security deposits regardless of the contractual language used in the lease. The implication is that once funds meet all the definitional components of a “security deposit” as set forth in...

section 535

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) Missouri state

...A landlord may not demand or receive a security deposit in excess of two months’ rent. 2. Within thirty days after the date of termination of the tenancy, the landlord shall: (1) Return the full amount of the security deposit...

J & M Securities, LLC v. Brown, 388 S.W.3d 566 (2012)

J & M Securities, LLC v. Brown, 388 S.W.3d 566 (2012) Missouri state

J & M Securities, LLC v. Brown 388 S.W.3d 566 Date filed: 2012-12-11 Doctrine: security_deposit Source: https://www.courtlistener.com/opinion/5284000/j-m-securities-llc-v-brown/ --- 020lead by Dowd ---

section 535

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) Missouri state

4 The lease agreement refers to this amount as a security deposit. In order to avoid confusion with the section 535.300 statutory definition of a security deposit, we refer to this amount as the “lease deposit.”

Battis v. Hofmann, 832 S.W.2d 937 (1992)

Battis v. Hofmann, 832 S.W.2d 937 (1992) Missouri state

Shortly thereafter, plaintiff filed suit in small claims court under § 535.300, which requires a landlord to return the full amount of a security deposit within thirty days after termination of the tenancy, or furnish the tenant with a written...

Kiefer v. First Capitol Sports Center, Inc., 684 S.W.2d 483 (1984)

Kiefer v. First Capitol Sports Center, Inc., 684 S.W.2d 483 (1984) Missouri state

...The trial court did not consider the credit taken for the security deposit to be rental payment. Appellant filed no claim for a set-off of the $700.00 security deposit and no evidence was offered as to the circumstances...

Battis v. Hofmann, 832 S.W.2d 937 (1992)

Battis v. Hofmann, 832 S.W.2d 937 (1992) Missouri state

The sole issue presented to this court is whether § 535.300 provides a mandatory penalty for retention of a security deposit beyond the thirty day period prescribed by the statute, even where a landlord mistakenly withholds the security deposit, or...

Lastra v. Intercontinental Investments Co., 745 S.W.2d 703 (1987)

Lastra v. Intercontinental Investments Co., 745 S.W.2d 703 (1987) Missouri state

It is apparent from the language of § 535.300, RSMo 1986, that the rights of a landlord to receive and retain security deposits are sharply limited, both as to the period of time within which such deposits may be held...

Section 535

Younker v. Investment Realty, Inc., 461 S.W.3d 1 (2015) Missouri state

...England, Tenants' Rights Under the Missouri Security Deposit Statute, St. Louis Univ. L.J. 1035 (1984).

Ridley v. Newsome, 754 S.W.2d 912 (1988)

Ridley v. Newsome, 754 S.W.2d 912 (1988) Missouri state

A $10,000 security deposit was tendered to appellants from respondents pursuant to the lease. The return of the security deposit is dealt with in paragraph 5 of the lease which states:

Gee v. Nieberg, 501 S.W.2d 542 (1973)

Gee v. Nieberg, 501 S.W.2d 542 (1973) Missouri state

On July 28, 1970, after having paid eleven months’ rent in addition to the security deposit, plaintiffs moved. In support of their claim for the return of the security deposit, plaintiffs, by leave of the court, amended their petition to...

Section 535

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) Missouri state

security deposits); see also Battis, 832 S.W.2d at 940-41 (stating section 535.300 limits recovery to not more than twice the security deposit amount).

Younker v. Investment Realty, Inc., 461 S.W.3d 1 (2015)

Younker v. Investment Realty, Inc., 461 S.W.3d 1 (2015) Missouri state

Tenants also signed an accompanying “Security Deposit Agreement” that further detailed how their lease deposits would be utilized. The Security Deposit Agreement stated that there was a $75 painting charge for each bedroom unit and a $75 initial carpet cleaning...

Section 535

Property Exchange & Sales, Inc. v. King, 863 S.W.2d 12 (1993) Missouri state

...In all counts, PESI prayed for in part, the return of the $520 security deposit. These four counts are neither ancillary nor unrelated to the security deposit as they all have as their common nucleus of operative fact the defendants...

Section 408

Schnucks Carrollton Corp. v. Bridgeton Health & Fitness Inc., 884 S.W.2d 733 (1994) Missouri state

Under this later provision, when the judgment is satisfied, the default would be cured and Schnucks would then be obliged to return the security deposit. The trial court did not err in ordering the amount of the security deposit deducted...

PDQ Tower Services, Inc. v. Adams, 213 S.W.3d 697 (2007)

PDQ Tower Services, Inc. v. Adams, 213 S.W.3d 697 (2007) Missouri state

rity deposit, alleging PDQ damaged their premises. After hearing the evidence and the arguments, the trial court found that the Adamses wrongfully withheld PDQ’s security deposit and entered judgment for PDQ in the amount of $6,000.00, twice...