Missouri Statewide Rule
Missouri Security Deposit Law (Mo. Rev. Stat. § 535.300)
Key Facts
- Deposit cap
- 2 months' rent
- Return deadline
- 30 days after the tenancy terminates
- Itemized statement
- Written itemized list of damages required if any amount is withheld
- Statute
- Mo. Rev. Stat. § 535.300
- Penalty
- Up to 2x the amount wrongfully withheld
Summary
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.
535.300. Security deposits, limitation — holding of security deposits, requirements — return of deposit or notice of damages, when — withholding deposit, when — tenant's right to damages — security deposit defined. — 1. A landlord may not demand or receive a security deposit in excess of two months' rent. 2. All security deposits shall be held by the landlord for the tenant, who is a party to the rental agreement, in a bank, credit union, or depository institution which is insured by an agency of the federal government. Any interest earned on a security deposit shall be the property of the landlord. A housing authority created under section 99.040 or any other government entity acting as a landlord shall not be subject to this subsection. 3. Within thirty days after the date of termination of the tenancy, the landlord shall: (1) Return the full amount of the security deposit; or (2) Furnish to the tenant a written itemized list of the damages for which the security deposit or any portion thereof is withheld, along with the balance of the security deposit. The landlord shall have complied with this subsection by mailing such statement and any payment to the last known address of the tenant. 4. The landlord may withhold from the security deposit only such amounts as are reasonably necessary for the following reasons: (1) To remedy a tenant's default in the payment of rent due to the landlord, pursuant to the rental agreement;
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
How much can a landlord charge for a security deposit in Missouri?
How long does a landlord have to return a security deposit in Missouri?
What can a landlord deduct from a security deposit in Missouri?
Sources
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