What deductions can legally be taken from a security deposit?
This rental guidance was reviewed by the Tenants & Landlords Intelligence Team, specializing in lease agreements, notices, rent disputes, deposits, evictions, and tenant-landlord operational procedures.
Understanding Security Deposit Deductions in Missouri: A Guide for Tenants
When renting a home or apartment in Missouri, tenants often provide a security deposit to their landlord at the beginning of the lease. This deposit serves as a financial safeguard against potential damages or breaches of the lease agreement. Understanding what deductions can legally be taken from your security deposit is crucial to protect your rights and ensure you receive any rightful refund upon moving out. This guide outlines Missouri's laws and practices regarding security deposit deductions from a tenant’s perspective.
What Is a Security Deposit in Missouri?
A security deposit is an amount of money paid by a tenant to a landlord to cover:
- Damage to the rental property beyond normal wear and tear.
- Unpaid rent.
- Costs related to cleaning the property after the tenant moves out.
- Other financial obligations stipulated in the lease agreement.
Common and Legal Deductions from a Security Deposit
Landlords in Missouri may only deduct from a tenant’s security deposit for specific, legitimate reasons related to the condition of the property or the tenant’s obligations under the lease. These include:
1. Unpaid Rent or Fees
- If a tenant owes unpaid rent at the end of the lease term, landlords may deduct that amount from the security deposit.
- Any late fees or charges that are permitted under the lease agreement and Missouri law may also be deducted.
2. Damage Beyond Normal Wear and Tear
- Repairs needed due to tenant-caused damage may be deducted. This includes holes in walls, broken windows, damaged appliances, or stains on carpets.
- “Normal wear and tear” does not include minor cosmetic issues like small nail holes from picture hangings or minor carpet wear.
3. Cleaning Fees
- Missouri landlords can deduct cleaning costs if the rental unit is left in an unclean condition that requires professional cleaning beyond typical cleaning between tenants.
- The unit should be returned in roughly the same condition as at move-in, aside from normal wear.
4. Unpaid Utilities or Other Lease-Related Charges
- If the tenant is responsible for utilities and leaves unpaid bills, landlords may deduct these from the security deposit.
- Any other contractually obligated charges, such as repairing tenant-caused damage to shared facilities, may also be deducted.
What Security Deposit Deductions Are Not Allowed?
Missouri tenants should know that landlords cannot deduct for:
- Routine maintenance or repairs due to age or ordinary use.
- Cosmetic issues that occur during normal occupancy.
- Damage caused by other tenants, guests, or natural disasters.
- Deposits to cover future rent payments or damage not yet incurred.
Landlord’s Duty to Itemize Deductions and Return Security Deposit
Under Missouri Revised Statutes Section 535.300:
- Landlords must return the balance of the security deposit within 30 days after the tenant vacates the property.
- If the landlord makes any deductions, they must provide a written itemized statement of damages and charges within the same 30-day period.
- Failure to provide this statement or return the deposit within 30 days entitles the tenant to potential remedies, including claims for damages.
Tips for Tenants to Protect Their Security Deposit
To minimize deductions and improve the chance of a full refund:
- Document Property Condition: Take photos or videos of the rental unit at move-in and move-out.
- Notify Landlord in Writing: Communicate any existing damages or maintenance issues early.
- Clean Thoroughly: Leave the rental in good, clean condition, including carpets, appliances, and fixtures.
- Repair Minor Damages: Fix small issues like nail holes or clean stains before moving out.
- Attend Move-Out Inspection: If possible, be present for the landlord’s inspection at move-out.
- Request an Itemized Statement: If deductions are made, ask for detailed receipts or estimates supporting the charges.
Summary
In Missouri, landlords have the right to deduct from a tenant’s security deposit for unpaid rent, repairs for damage beyond normal wear and tear, cleaning costs due to tenant neglect, and unpaid utilities or lease-related charges. All deductions must be accompanied by an itemized statement returned within 30 days of vacating. By understanding these rules and taking proactive steps, tenants can better protect their financial interests when renting in Missouri.
If you believe your landlord has wrongfully withheld your security deposit, you may seek legal advice or assistance from Missouri tenant advocacy organizations to explore your options.