How long does a landlord have to return a security deposit?
This rental guidance is reviewed for clarity, relevance, and state-specific information and may be updated as rental requirements change.
Security Deposit Return Timeline for Tenants in Missouri
If you are renting a property in Missouri, understanding your rights regarding the return of your security deposit is crucial. Security deposits serve as a financial protection for landlords against damages or unpaid rent, but tenants also have clear protections under Missouri law when it comes to the return of these funds.
Missouri Law on Security Deposit Returns
Under Missouri Revised Statutes Chapter 535, landlords must follow specific guidelines about when and how the security deposit should be returned to the tenant after the end of the lease or rental period.
Time Frame to Return a Security Deposit
- Landlords have 30 days after the tenant vacates the property to return the security deposit. This includes:
- If a landlord intends to withhold any portion of the deposit, they must provide the tenant with:
What Counts as Deductible from the Security Deposit?
Missouri law allows deductions from the security deposit only for certain reasons, including:- Unpaid rent or other charges authorized by the lease.
- Repairing damages beyond normal wear and tear.
- Cleaning the property if it was left in an unsanitary condition.
- Other breaches of the lease agreement resulting in costs.
Steps to Ensure a Timely and Full Security Deposit Return
Tenants in Missouri can take specific steps to help secure the timely return of their security deposits:
1. Document the Property Condition
- Before moving in, take pictures or video and note any preexisting damages.
- When moving out, conduct a thorough cleaning and repair any minor damages.
- Document the move-out condition similarly with photos or video.
2. Give Proper Notice
- Provide your landlord with the required lease termination notice as stipulated in your rental agreement or state law.
- Confirm the exact move-out date to avoid confusion.
3. Attend the Move-Out Inspection
- Missouri landlords may conduct an inspection to assess any damages.
- If possible, attend this inspection to discuss any concerns or disputes.
4. Provide a Forwarding Address
- Ensure your landlord has your current address where the security deposit and any correspondence can be sent.
What to Do If Your Security Deposit Is Not Returned Within 30 Days
If your landlord fails to return your security deposit or provide an itemized list of deductions within the required 30-day period, tenants in Missouri have several options:
- Send a Demand Letter: Formally request the deposit and include a deadline for response.
- File a Complaint: Contact local tenant advocacy groups or the Missouri Attorney General's office for guidance.
- Pursue Legal Action: Tenants can seek recovery of the deposit through small claims court. Missouri law allows tenants to sue for the deposit amount and, in some cases, additional penalties if the landlord acted in bad faith.
Important Notes for Missouri Tenants
- Missouri law does not specify a maximum security deposit amount, but the amount is typically outlined in the lease.
- Security deposits are not required to be held in a separate account by law, but landlords must return the correct amount promptly.
- If the landlord sells the property, responsibility for the security deposit transfers to the new owner.
- Always review your lease agreement carefully for any clauses specific to your situation.
By understanding these key elements of Missouri’s security deposit laws, tenants can better protect their rights and ensure a smooth process when their lease ends. Taking proactive steps and knowing your legal timelines can make the difference in securing the prompt and full return of your security deposit.