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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 535

Citation
Section 535
Parent Document
Lastra v. Intercontinental Investments Co., 745 S.W.2d 703 (1987)
Jurisdiction
Missouri (state)
Effective Date
1987-12-22

Full Text

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In Point II, appellants contend that the trial court erred in granting respondent’s motion for directed verdict on their conversion claim on the basis that § 535.300, supra, limits their recovery in that the statute does not expressly or impliedly abrogate or nullify a common law claim for conversion. This statute, by Subd. 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 the damages for for which the security deposit or any portion thereof is withheld, * * * .” Under Subd. 3(1), the security deposit may be withheld for only such amounts to remedy a tenants’ default in the payment of rent due the landlord. In Subd. 5, it is provided, “If the landlord wrongfully withholds all or any portion of the security deposit in violation of this section, the tenant shall recover as damages not more than twice the amount wrongfully withheld.” [Italicized portions of the statute here emphasized.]