(DOWNLOAD) "Clark v. Walker" by Supreme Court of Kansas ~ Book PDF Kindle ePub Free
eBook details
- Title: Clark v. Walker
- Author : Supreme Court of Kansas
- Release Date : January 24, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The opinion of the court was delivered by This is an action brought by a landlord against former tenants of residential property to recover rent due and compensation for damage to the rental property. The primary issue for determination is the interpretation and constitutionality of certain provisions of the Residential Landlord and Tenant Act (K.S.A. 58-2540 et seq.). The facts in the case are undisputed and are as follows: On June 17, 1976, the defendants, John M. Walker and George Sudermann, entered into an agreement with Stephen L. Clark d/b/a Clark Management Company, to lease an apartment at the Sugar Creek apartments in Wichita. The lease agreement provided for a term extending from June 18, 1976, through December 31, 1976. Rent in the amount of $210 per month was to be paid in advance on the first day of each month. The lease required a late-payment fee of $10 per month if the rent was not paid by the fourth day of the month. In addition, the lease required the tenants to deposit with the landlord the sum of $200 as a security deposit to guarantee fulfillment of all obligations of the tenant in connection with the rental and use of said premises. The defendants took possession of the apartment and [225 Kan. 360] continued to reside there without incident until the month of December 1976. On November 3, 1976, Sudermann notified the plaintiff that the defendants would vacate the apartment at the end of December. After giving notice of their intent to leave, the defendants became concerned that the landlord might not return their security deposit to them. Consequently, when the December rent became due, the defendants tendered a check in the amount of $10 to the apartment manager, Evelyn Bell, for the December rent. The check, which represented the difference between the $210 rent due and the $200 security deposit held by the plaintiff, was placed in an envelope and dropped into the mail slot of the apartment manager's door. Mrs. Bell returned the check to defendants the next day with a note explaining that she could not accept a partial payment of the rent.
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