Showing 21–40 of 83 results
...Security Deposit. On execution of this lease, Lessee deposits with Lessor no/100-Dollars ($-0-), receipt of which is acknowledged by Lessor, as security for the faithful performance by Lessee of the terms hereof, to be returned to Lessee, without...
1 Wenta asserted the failure to return his security deposit as both a separate claim and as an “unfair practice” in his claim alleging violations of the MMPA. 5 STANDARD OF REVIEW
...Appellant filed no claim for a set-off of the $700.00 security deposit and no evidence was offered as to the circumstances under which the security deposit was to be applied, credited, or returned. Therefore the trial court properly...
4. Judgment for tenant on her claim for the return of the security deposit in the amount of $75.00,
Because § 535.300 created a new right and provided an adequate remedy for tenants when a landlord wrongfully fails to return a security deposit, the court held that the appellants were confined to the remedy provided in § 535.300.5...
Plaintiff prayed for a return of the security deposit, or at least the undisputed amount of the deposit, $384.00, without condition and prayed for punitive damages in the amount of $10,000,000.
...Respondents’ right to the return of all or part of that security deposit was not litigated or expressly determined by the trial court.
...There is no evidence that respondent caused any damages to the premises and thus it follows that her security deposit must be returned to her.
Tiller alleged that in connection with her leasing premises from the Baumgartners she deposited the sum by way of a security deposit and that the fund was to be returned to her at the termination of her lease if she...
...Count III was based upon a theory of wrongful failure to return a security deposit pursuant to § 535.300, R.S.Mo., 1986. Count IV alleged a breach of contract theory for failing to return the deposit, and Count V...
3 Respondents also testified they paid Bangert $1,000 for a security deposit. There is no evidence in the record regarding whether Bangert retained this amount or returned it to Respondents.
at 27. The court did allow the lessee moving expenses and return of her security deposit as actual damages. Id. The mental anguish that the lessee claimed in Boyd
Within thirty days after the date of termination of the tenancy, the landlord shall: (1) Return the full amount of the security deposit; or
2. Within thirty days after the date of termination of the tenancy, the landlord shall: (1) Return the full amount of the security deposit; or
Finally, under Point IV of their brief, plaintiffs complain that the decree returning to defendants their $5,000.00 security deposit was erroneous because defendants had not performed their obligations under the lease. Under Paragraph 3(a) of the lease...
...The phrase “in violation of this section” is the controlling language of paragraph 5 and dictates what is “wrongful.” If a landlord fails to return the security deposit in thirty days, and it is later discovered the tenant was rightfully...
...Tenant alleged in her counterclaim she paid a $100 security deposit and Landlord had failed to return it. She further alleged Landlord had wrongfully withheld the deposit in contravention of § 535.300, RSMo 1986. She requested damages in the amount...
...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...
...On September 30, 2004 Fox-Winkler filed a counterclaim for the return of their security deposit. A bench trial was held on October 31, 2005 and, on November 16, 2005, the court entered judgment for Fox-Winkler. The trial court...
The key to our analysis is whether the legislature’s inclusion of the word “wrongfully” in the statute requires some culpability beyond mistake or inadvertence, where a landlord fails to return a security deposit within the thirty day period.