Carlson v. McCoy

We granted certiorari to review the district court’s affirmance of an award by the county court of treble damages and attorney’s fees for a landlord’s improper retention of a security deposit. Since we hold that portions of the award were barred by a one year statute of limitations, we reverse.

The landlord, who was the defendant below, and the tenant, plaintiff below, entered into a lease agreement on May 13, 1971, and pursuant to that agreement the landlord received a security deposit of $150. Although the lease terminated on March 31, 1972, the landlord neither returned the deposit nor…