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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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*11On appeal, Property Owners re-characterize their Battis argument to assert that because carpet cleaning funds were withheld in Battis, the Battis court implicitly approved either that carpet cleaning was not expended for ordinary wear and tear or that lease terms are enforceable regardless of the terms of the statute. The sole issue presented to the Battis court was whether section 535.300 provides a mandatory penalty for retention of a security deposit beyond the thirty-day period prescribed by the statute for its return. Battis, 832 S.W.2d at 939. In resolving this issue, the Battis court did not implicitly approve any other issues that were not presented to it or that were not necessary to the resolution of the issue that was presented to it.