Triple Damages and Attorney Fee for Removal of Fixtures

In 2016, Landlord and Tenant were unable to negotiate an extension to their lease. Tenant then retained a third party to remove permanent light fixtures from the property. Tenant promised the third party that they could keep or dispose of them after the fact. Landlord noticed the fixtures were missing the day before the lease terminated and requested the fixtures not be sold before the dispute was resolved. The light fixtures were sold anyway at Tenant’s direction, and the trial court found that Tenant was responsible for damages for waste as well as attorney’s fees to the Landlord. The case was then appealed, and the Missouri Court of Appeals ultimately ruled that the tenant was responsible for triple damages amounting to $46,200 as well as Landlord’s attorney’s fees amounting to $84,121.

Larry A. Bedford and Carol A. Bedford, Respondents/Cross-Appellants, vs. Audrain County Motor Company, Inc., d/b/a Auffenberg Motor Company of Mexico, Appellant/Cross-Respondent

Missouri Court of Appeals, Eastern District – ED108993

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