Missouri caps residential security deposits at two months' rent. After a tenancy ends, the landlord has 30 days to return the deposit or deliver a written itemized list of damages withheld. The tenant may be present at the move-out inspection, and a landlord who wrongfully withholds owes twice the amount withheld.
Under Mo. Rev. Stat. § 535.300(1), "no landlord may demand or receive a security deposit in excess of two months' rent." Within 30 days after the tenancy terminates, the landlord must either return the full deposit or return the balance with a written itemized list of the damages for which any portion is withheld. The statute gives the tenant "the right to be present at the inspection of the dwelling unit at the time and date scheduled by the landlord," provided the tenant has given proper notice. Deductions are limited to unpaid rent, damages beyond ordinary wear and tear, and costs for which the tenant is responsible under the lease. A landlord who fails to comply or wrongfully withholds is liable to the tenant for damages, as set out below.
Mo. Rev. Stat. § 535.300(5) provides that if a landlord wrongfully withholds all or any portion of a security deposit in violation of the section, "the tenant shall recover as damages twice the amount wrongfully withheld." The tenant may sue to recover this statutory penalty in addition to the withheld funds.
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