Missouri
Security deposit laws
Missouri security deposit laws are detailed under the Missouri Revised Statutes, Chapter 535, specifically section 535.300. These laws provide clear guidelines on how landlords must handle security deposits, ensuring both landlords and tenants are aware of their rights and responsibilities under Missouri law. Please note that rules and regulations may vary by municipality.
Deposit Limit
- Limit: 2x Monthly Rent
Days to Return
- Duration: 30 Days
Interest Payments
- Requirement: Not Required
Holding Restrictions
- Restrictions: No
Collecting & Holding
Security Deposit Amount
Landlords in Missouri can require a security deposit of no more than two months’ rent.
Options for Holding
The law does not mandate that security deposits be kept in a separate bank account. However, landlords are required to hold the deposit until the lease is terminated and the tenant has vacated the premises.
Notification Requirements
There are no legal requirements in Missouri to notify tenants where their security deposit is held.
Payment of Interest Earned
Missouri law does not require landlords to pay interest on security deposits, regardless of how long the deposit is held.
Returning
Timeline for Returning
Landlords must return the security deposit, or provide an itemized list of damages with the remaining balance, within 30 days after the tenant vacates the premises.
Claims Process
If deductions are made, the landlord must provide an itemized statement of damages, including the amount withheld, within 30 days of the tenant moving out. If the dispute cannot be resolved through communication and negotiation, the tenant has the right to file a lawsuit in small claims court or another appropriate court. The tenant can sue for the return of the portion of the deposit they believe was wrongfully withheld. The landlord must prove that the deductions were justified. This typically requires providing evidence such as receipts for repairs, photos of damages, or an itemized list of the deductions.
Permissible Deductions
Missouri landlords may deduct from the security deposit for:
- Unpaid rent
- Repair costs for damages beyond normal wear and tear
- Cleaning costs necessary to return the property to its original condition (excluding ordinary wear and tear)
Penalties
If a landlord fails to return the security deposit or provide an itemized list of damages within the 30-day period, the tenant may sue the landlord. The court may award the tenant up to twice the amount wrongfully withheld plus court costs and attorney fees.
Special Circumstances
Sale of Property: If the property is sold, the original landlord must transfer the security deposits to the new owner and notify the tenants of the transfer. The new owner then assumes responsibility for the deposit.
DISCLAIMER: Security deposit laws may vary by county or municipality. The information provided by Build Whale, Inc. is for general informational purposes only and should not be construed as legal advice. It is not a substitute for consultation with a qualified attorney. While we strive to provide accurate and up-to-date information, Build Whale, Inc. makes no guarantees or warranties regarding the accuracy, completeness, or reliability of the information presented.