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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Showing 41–60 of 348 results

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

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

Ordinarily, an analysis of the application of this section should begin with a determination as to whether particular funds paid by a tenant to a landlord meet the subsection 7 statutory definition of a “security deposit.” We need not reach...

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

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

At the time the lease was made between appellants and respondent, appellants paid a security deposit of $300.00 to guarantee against damage to the apartment. The agreement provided that the deposit was refundable upon surrender of the premises if...

Butler Hill Tavern, Inc. v. Stephen F. Bahn Realty Co., 880 S.W.2d 355 (1994)

Butler Hill Tavern, Inc. v. Stephen F. Bahn Realty Co., 880 S.W.2d 355 (1994) Missouri state

...With regard to the security deposit, the lease provided that lessor return the security deposit to lessee “at the end of Three (3) years, assuming the demised premises, less usual wear and tear, has not been damaged.” After the fire...

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

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

Security deposit is defined as meaning “any deposit of money ..., which is furnished by a tenant to a landlord to secure the performance of any part of the rental agreement, including damages to the dwelling unit.” Section 535.300.7...

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

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

...As used in this section, the term “security deposit” means any deposit of money or property, however denominated, which is furnished by a tenant to a landlord to secure the performance of any part of the rental agreement, including damages...

Howe v. ALD Services, Inc., 941 S.W.2d 645 (1997)

Howe v. ALD Services, Inc., 941 S.W.2d 645 (1997) Missouri state

Furthermore, there was evidence that landlord was still holding a $2,500 security deposit in an escrow account. The $2,500 security deposit and the $2,500 verdict returned by the jury approximates the damages landlord was seeking for the...

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

...Nothing in this section shall be construed to limit the right of the landlord to recover actual damages in excess of the security deposit, or to permit a tenant to apply or deduct any portion of the security deposit at...

section of

Baker Team Properties, LLC v. Matt Wenta (2020) Missouri state

damages for which any portion of the security deposit was withheld within 30 days

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

7 deposits to be considered a “security deposit” as defined in subsection 535.300.7. 8 Therefore,

section of

Baker Team Properties, LLC v. Matt Wenta (2020) Missouri state

subtotal of $8,637. After the court credited Wenta $435 for his security deposit, the

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

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

6.Nothing in this section shall be construed to limit the right of the landlord to recover actual damages in excess of the security deposit, or to permit a tenant to apply or deduct any portion of the security deposit...

Section 535

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

...2, speaks of its application “Within thirty days after the date of the termination of the tenancy, the landlord shall: (1) Return the full amount of *708the security deposit; or (2) Furnish to the tenant a written itemized list of...

Section 535

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

Because § 535.300 created a new right and provided an adequate remedy for tenants when a landlord wrongfully fails to return a security deposit, the court held that the appellants were confined to the remedy provided in § 535.300.5...

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

...At the end of the lease term, the Adamses refused to return the security deposit. PDQ sued the Adamses for its security deposit, alleging breach of contract. The Adamses cross-petitioned for damages exceeding the secu *698

Lee v. Bass, 215 S.W.3d 283 (2007)

Lee v. Bass, 215 S.W.3d 283 (2007) Missouri state

...Security Deposit. On execution of this lease, Lessee deposits with Lessor no/100-Dollars ($-0-), receipt of which is acknowledged by Lessor, as security for the faithful performance by Lessee of the terms hereof, to be returned to Lessee, without...

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Baker Team Properties, LLC v. Matt Wenta (2020) Missouri state

Wenta’s security deposit, was not against the weight of the evidence. Point I is denied.

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

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

Finally, Tenant contends the trial court erred in ruling against her on her counterclaim to recover the $100 security deposit. In response to Landlord’s suit to recover the $920 termination fee, Tenant filed a counterclaim against Landlord. Tenant alleged...

section of

Baker Team Properties, LLC v. Matt Wenta (2020) Missouri state

12 the full amount of the security deposit to Wenta or furnish an itemized list of the

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

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

(2) Furnish to the tenant a written itemized list of the damages for which the security deposit or any portion thereof is withheld, along with the balance of the security deposit. The *6landlord shall have complied with this subsection by...