DisputeKit / Missouri
How long does a Missouri landlord have to return a security deposit?
30 days. Under Revised Statutes of Missouri § 535.300.3, a landlord must return the full security deposit, or provide a written itemized list of the damages for which any part is withheld along with the balance of the deposit within 30 days. The clock starts when you move out and hand back possession of the unit. A court may also award twice the amount wrongfully withheld, as damages.
I moved out of my place in on and my landlord still has my $ deposit.
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What Missouri law says about deductions and your rights
- The 30 days run from the date the tenancy terminates; the landlord complies by mailing the statement and any payment to the tenant's last known address.
- Deductions are limited to unpaid rent, restoring the unit to its move-in condition (ordinary wear and tear excepted), agreed carpet-cleaning costs if the lease says so, and actual damages from the tenant's failure to give proper notice.
- The landlord must give the tenant reasonable written notice of the move-out inspection, and the tenant has the right to be present.
- The deposit may not exceed two months' rent; a pet deposit is not a security deposit under this law.
- The statute says the tenant 'shall recover as damages twice the amount wrongfully withheld'; it does not say whether that is in addition to the withheld amount itself.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Missouri is $5,000 in the small claims division of the circuit court, and the filing fee is Varies by county (roughly $35 to $100 plus service costs); check with the circuit clerk.
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit
- Count 30 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Missouri?
The clock starts when you move out and hand back possession of the unit.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. Missouri law allows a court to award twice the amount wrongfully withheld, as damages. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in Missouri is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.