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lease. Wenta asserted counterclaims for failure to return his security deposit and for violations of the MMPA.1
PESI also alleged in this count that the defendants refused to refund an undisputed portion of the security deposit unless PESI signed a release relinquishing all claims against the defendants arising out of the lease. Count III was based on...
. Alternatively, the trial court may have found that the damages incurred in cleaning up the property were less than the $1,350 testified to by Appellant’s property manager and that Respondents’ $1,000 security deposit was more than adequate...
Property Owners were entitled to judgment as a matter of law only if the uncon-troverted facts demonstrated that there was no genuine issue of fact as to whether the non-refunded amounts of the Tenants’ security deposits were expended...
Turning to the issue of actual damages, respondent is entitled to the sum of $91.25, which represents her security deposit. A tenant is entitled to actual damages which are reasonably incurred as a result of the eviction. There is...
When lessor refused to return the money which lessee deposited pursuant to the lease, lessee brought an action for the return of the security deposit and rent money. Lessor counterclaimed for back rent and for property damage as a result...
For its third point Schnucks asserts that the trial court erred in deducting the $4,000 security deposit from its damage award. Schnucks argues that the written lease agreement gives it the option of using the security deposit to cure...
...The term “wrongfully” in the statute should not be read as describing the manner in which the security deposit was withheld, but should be interpreted as referring to the enumerated provisions immediately preceding paragraph 5. The phrase “in violation of...
Without any reply from Appellants concerning the ramp, Respondents returned to Villa Roma on February 16, 2010, when they completed and signed a lease application, paid a $25 application fee, and paid a $100 security deposit. Respondents believed the security...
...Owners related that they had several inquiries regarding their condominium and informed Kimack that whoever placed a security deposit first would secure the rental of the condominium. Kimack was interested and since the Owners would not be home later in...
...Patrice Rhodes (“Rhodes”) appeals from the judgment of the trial court that awarded Luvator Moore (“Moore”) $980.00 on the latter’s claim for wrongful withholding of security deposit, and found in favor of Moore on Rhodes’s counterclaims for...
Some suggestion is made that respondent retained the security deposit (until September 23,1985) because appellants’ attorney gave it notice of an attorney’s lien on the deposit. That fact would not prevent payment to the attorney and appellants, so...
security deposit; (4) violation of the Fair Credit Reporting Act; (5) harassment; (6) retaliation;
Plaintiff prayed for a return of the security deposit, or at least the undisputed amount of the deposit, $384.00, without condition and prayed for punitive damages in the amount of $10,000,000.
...England, Tenants’ Rights Under the Missouri Security Deposit Statute, ST. LOUIS UNIV. L.J. 1035 (1984). 9 Property Owners allege that the following rights, among others, are subject to waiver: (1) The right to open access to courts; (2) The...
In the ease at hand, Landlord complied with the statute to the extent it notified Tenant within 30 days of its intention to retain the security deposit. However, Landlord retained the deposit as a credit against the $920 termination fee...
in rent and a $200.00 security deposit. Appellant moved into the apartment that day and
§ 535.300.3. Whenever a landlord wrongfully withholds any part of the security deposit, the tenant “shall recover damages not more than twice the amount wrongfully withheld.” § 535.300.5.
1 Wenta asserted the failure to return his security deposit as both a separate claim and as an “unfair practice” in his claim alleging violations of the MMPA. 5 STANDARD OF REVIEW
...The trial court also noted Brown was entitled to a setoff in the amount of $950.00, which represents the security deposit of $750.00 and a payment credit of $200.00 from October 13, 2005. Thus, J <& M was...