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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8
  With this concession, the question is saved for another day as to whether nonrefundable fees paid by a tenant to a
landlord in addition to the monthly rental and as seemingly contemplated by the express terms of the lease
agreements here, “secure the performance of any part of the rental agreement,” as required by subsection 535.300.7
to meet the statutory definition for a “security deposit” and thereby be subject to the security deposit requirements
imposed by the other provisions of section 535.300. See generally Peggy L. England, Tenants’ Rights Under the
Missouri Security Deposit Statute, ST. LOUIS UNIV. L.J. 1035 (1984).
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  Property Owners allege that the following rights, among others, are subject to waiver: (1) The right to open access
to courts; (2) The right to redress in court for damages not yet suffered; (3) The Fifth Amendment right to remain
silent; (4) Protections against warrantless search and seizure; (5) The right to a trial by jury; (6) The protections of
statutes of limitation; (7) The right to expected venue.

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