Butler Hill Tavern, Inc. v. Stephen F. Bahn Realty Co., 880 S.W.2d 355 (1994)

In the instant action, the trial court found that lessee’s tenancy “was terminated by fire and the complete destruction of the leased premises on November 16,1987.” The court determined that lessee was entitled to the return of the deposit, not on the basis of § 535.300, but on the basis of the lease agreement. With regard to the security deposit, the lease provided that lessor return the security deposit to lessee “at the end of Three (3) years, assuming the demised premises, less usual wear and tear, has not been damaged.” After the fire, lessor informed lessee that the fire rendered the premises “untenantable” and terminated the lease. On the basis of the lease provision concerning the security deposit, the destruction of the premises prior to the end of the term of the lease resulted in lessor being obligated to ' return the security deposit to lessee. Lessor’s first point is denied.