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WURTZ v. CEDAR RIDGE APTS.

No. 85,305.

28 Kan. App.2d 609 (2001)

18 P.3d 299

SARAH R. WURTZ, Appellee, v. CEDAR RIDGE APARTMENTS, Appellant.

Court of Appeals of Kansas.

Opinion filed February 16, 2001.

Attorney(s) appearing for the Case

Steven R. Wiechman, of Topeka, for appellant.

Tracie R. England, legal intern, John J. Francis, supervising attorney, of Washburn Law Clinic, of Topeka, and Bruce Plenk, of Lawrence, for appellee.

Before MARQUARDT, P.J., GREEN, J., and ROGG, S.J.

GREEN, J.:

Cedar Ridge Apartments (Cedar Ridge) appeals the judgment of the trial court which awarded Sarah R. Wurtz a security deposit, rent credit, and penalty. On appeal, Cedar Ridge argues (1) that statutory and case law do not prohibit the forfeiture of a security deposit as liquidated damages and (2) that the trial court erred in failing to award it a cancellation fee as provided for in the lease. Alternatively, Cedar Ridge argues that if the trial court did...

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