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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Showing 41–60 of 83 results

Vermett v. State, 544 S.W.3d 294 (2018)

Vermett v. State, 544 S.W.3d 294 (2018) Missouri state

Without any reply from Appellants concerning the ramp, Respondents returned to Villa Roma on February 16, 2010, when they completed and signed a lease application, paid a $25 application fee, and paid a $100 security deposit. Respondents believed the security...

Property Exchange & Sales, Inc. v. King, 863 S.W.2d 12 (1993)

Property Exchange & Sales, Inc. v. King, 863 S.W.2d 12 (1993) Missouri state

...PESI alleged further that if it returned the townhouse in the same condition as when the lease was signed the defendants promised to refund the security deposit, that PESI did return the townhouse in the same condition and that the...

Lastra v. Intercontinental Investments Co., 745 S.W.2d 703 (1987)

Lastra v. Intercontinental Investments Co., 745 S.W.2d 703 (1987) Missouri state

...The court ruled that appellants had not offered substantial, competent evidence of any misapplication of the security deposit, and further held the claim for a return of the deposit to be limited in damages by § 535.00, RSMo 1986. The...

Property Exchange & Sales, Inc. v. Bozarth, 778 S.W.2d 1 (1989)

Property Exchange & Sales, Inc. v. Bozarth, 778 S.W.2d 1 (1989) Missouri state

. The appellant, in his brief, contends that all of these rights of fraud, violation of the Merchandising Practices Act, wrongful failure to return a security deposit, breach of contract and prima facie

Section 535

Lastra v. Intercontinental Investments Co., 745 S.W.2d 703 (1987) Missouri state

...Kim was referred to respondent’s president, Gibson, who refused the request for expenses and told her that the deposit was not being returned because it was being used for rent until the apartment was re-rented. The security deposit...

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

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

...This is an appeal from a judgment in favor of defendant on plaintiff’s claim for return of a security deposit pursuant to § 535.300 RSMo (1986).

Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)

Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018) Missouri state

On June 15, Ms. Tolliver and her roommate vacated the apartment. Ms. Tolliver did not pay full or partial rent for the month of June. Appellant subsequently terminated the 2017 lease and did not return the security deposit.

Cox v. Caton, 965 S.W.2d 958 (1998)

Cox v. Caton, 965 S.W.2d 958 (1998) Missouri state

...Catón, respondent, denying his claim for damages for the respondent’s failure to return his lease security deposit in accordance with § 535.300, RSMo 1994. Judgment affirmed. Rule 84.16(b).

Ridley v. Newsome, 754 S.W.2d 912 (1988)

Ridley v. Newsome, 754 S.W.2d 912 (1988) Missouri state

...in default on the monthly rentals, then the Ten Thousand and 00/100 Dollars ($10,000.00) security deposit may be returned to the Lessee after Lessor has had a reasonable time to inspect the premises after Lessee vacate same...

Property Exchange & Sales, Inc. v. King, 863 S.W.2d 12 (1993)

Property Exchange & Sales, Inc. v. King, 863 S.W.2d 12 (1993) Missouri state

After remand, defendants filed a motion to dismiss Counts I, II, IV and V, with prejudice, on the grounds that § 535.300 provides the exclusive remedy for wrongful failure to return a security deposit. The trial court sustained the defendants...

Paragon Group, Inc. v. Ampleman, 878 S.W.2d 878 (1994)

Paragon Group, Inc. v. Ampleman, 878 S.W.2d 878 (1994) Missouri state

...In that answer, Tenant included a counterclaim for the return of her $100 security deposit, which she alleged had been wrongfully withheld. Trial was held on June 24, 1993. The trial court entered its judgment finding in favor of Landlord...

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

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

...The statute describes the landlord’s right to demand and receive a security deposit, but also imposes certain duties on him, including the return of the deposit at the termination of the tenancy. The statute is remedial because it was...

Footwear Unlimited, Inc. v. Katzenberg, 683 S.W.2d 291 (1984)

Footwear Unlimited, Inc. v. Katzenberg, 683 S.W.2d 291 (1984) Missouri state

Subsequently, Footwear demanded that Katzenberg return the $8,160, which Footwear tendered as the first month’s rent and security deposit. Katzenberg refused to return the money. Footwear filed a two-count petition in St. Louis County Circuit Court, seeking...

Property Exchange & Sales, Inc. v. King, 863 S.W.2d 12 (1993)

Property Exchange & Sales, Inc. v. King, 863 S.W.2d 12 (1993) Missouri state

Sales, Inc., (PESI), filed a five count petition against the landlords-defendants, alleging fraud, unlawful practices, wrongful failure to return a security deposit, breach of contract and prima facie tort. PESI appeals the trial court’s dismissal of Counts I...

Kimack v. Adams, 930 S.W.2d 505 (1996)

Kimack v. Adams, 930 S.W.2d 505 (1996) Missouri state

...Owners returned the $290 security deposit. They were unsuccessful in securing replacement renters and the condominium remained vacant during the Kimack rental period until February 28th when Owners occupied it for five days to perform repairs and maintenance. Kimack again...

Great Midwest Enterprises, Inc. v. Precht, 656 S.W.2d 272 (1983)

Great Midwest Enterprises, Inc. v. Precht, 656 S.W.2d 272 (1983) Missouri state

...was restricted to the uses of the deposit, except it could pledge the deposit as security for a loan to pave and stripe the parking lot, and “Lessor shall return the foregoing deposit with interest to the Lessee at the...

Greenberg v. Saha, 84 S.W.3d 474 (2002)

Greenberg v. Saha, 84 S.W.3d 474 (2002) Missouri state

...an additional $14,485 in late charges, $3,600 in double rent, and attorney’s fees of $1,305, less a refund of a $1,200 security deposit that was not returned to the lessees. The lessees appeal this judgment.

Section 535

Younker v. Investment Realty, Inc., 461 S.W.3d 1 (2015) Missouri state

Second, Property Owners argue that they complied with the requirements of section 535.300.3 because they either expended in some manner or returned all of Tenants’ security deposits. In support of that argument to the trial court, Property Owners...

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

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

...Bahn Realty Co. (lessor), appeals from the judgment of the trial court, in a court-tried case, in favor of plaintiff, Butler Hill Tavern, Inc. (lessee), on lessee’s claim for return of a security deposit and rent. We affirm.