ALI v. QURESHI (2020)

ORDER

Mohammed Qureshi ¹ (“Tenant Qureshi”) and Sarvaat Tajamul (“Tenant Tajamul”) (collectively, “Tenants”) appeal the judgment of the Circuit Court of Boone County, Missouri (“trial court”) granting, after a bench trial, damages totaling $10,487 to Nasir Ali (“Landlord Ali”) and Nadia Malik (“Landlord Malik”) (collectively, “Landlords”) and finding against Tenants on their counterclaim. On appeal, Tenants claim that the trial court erred in entering judgment in favor of Landlords because: (1) Landlords elected to terminate the lease, thereby relieving them of any obligation under the lease; (2) Landlords failed to deliver possession of the residence at issue on the commencement of the lease, entitling Tenants to terminate the lease and recover damages; and (3) Landlords' expenses for utilities and lawnmowing are not proper damages in that they were not provided for in the lease. Landlords have also filed a motion with this court requesting attorney's fees on appeal. We affirm the judgment of the trial court, grant the motion for attorney's fees on appeal, and remand for a determination of the amount of reasonable attorney's fees. Rule 84.16(b).

FOOTNOTES

1.   The Circuit Court showed Defendant/Appellant's name spelled Mohammad Qureshi in its caption. We have corrected the spelling for our files and for this Order.

Per curiam: