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

Citation: Battis v. Hofmann, 832 S.W.2d 937 (1992)
Parent Document: Battis v. Hofmann, 832 S.W.2d 937 (1992)
Jurisdiction: Missouri (state)
Effective Date: 1992-06-16
Original Source: https://www.courtlistener.com/opinion/2406344/battis-v-hofmann/ ↗

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The case was tried before the circuit court, without a jury. Defendant testified the $110.00 was originally withheld due to a mistake because shortly after plaintiffs tenancy ended the apartment complex was in the process of changing managers. Defendant claimed the “damage assessment” form was apparently misplaced and not found until a few days following the thirty-day statutory period. The defendant also testified the carpet had to be steam cleaned for $68.50 and that plaintiff admitted he never cleaned the carpet before moving out. A total of $75.00 was withheld for the steam cleaning, which included certain administrative expenses incurred in managing the apartment complex. Plaintiff claimed § 535.300 imposes a mandatory penalty and that defendant admitted he “wrongfully” withheld the security deposit in his earlier letter. The court accepted defendant’s explanation and found in his favor. Our standard of review is found in Murphy v. Carrón,

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