Missouri Security Deposit Demand Letter
In Missouri a landlord must return your deposit or an itemized list of damages within 30 days. A landlord who wrongfully withholds can owe twice the amount withheld. Attorney review available.
Introduction
A security deposit demand letter is a written demand a Missouri tenant sends a former landlord to recover a security deposit that has not been returned, before filing in small claims court. In Missouri, within 30 days after the date of termination of the tenancy, the landlord must either return the full deposit or furnish a written itemized list of the damages for which any portion is withheld, along with the balance of the deposit (Mo. Rev. Stat. 535.300(3)). The landlord may withhold only amounts reasonably necessary to remedy a rent default, to restore the unit to its condition at the start of the tenancy with ordinary wear and tear excepted, and to cover actual damages from a tenant failure to give adequate notice to terminate, provided the landlord mitigates (535.300(4)). Before withholding, the landlord must give the tenant reasonable notice of the move-out inspection, and the tenant has the right to be present (535.300(5)). If the landlord wrongfully withholds all or any portion of the deposit, the tenant recovers as damages twice the amount wrongfully withheld (535.300(6)). If the demand is ignored, a Missouri tenant can sue in small claims court for up to $5,000 (Mo. Rev. Stat. 482.305), and the deadline to sue on a written lease is ten years (Mo. Rev. Stat. 516.110). DocDraft builds your Missouri security deposit demand letter from your facts, with attorney review available before you send it.
Key Things to Know
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A security deposit demand letter is a written demand a Missouri tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to small claims court.
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Within 30 days after the date of termination of the tenancy, the landlord must either return the full deposit or furnish a written itemized list of the damages withheld, along with the balance of the deposit (Mo. Rev. Stat. 535.300(3)).
- 3
A Missouri landlord may withhold only amounts reasonably necessary to remedy a rent default, to restore the unit to its condition at the start of the tenancy, and to cover actual damages from a tenant failure to give adequate notice to terminate, provided the landlord mitigates (Mo. Rev. Stat. 535.300(4)).
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Restoration is allowed only with ordinary wear and tear excepted, so charges for normal use are not proper deductions (Mo. Rev. Stat. 535.300(4)).
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The landlord must give the tenant reasonable written or in-person notice of the date and time of the post-termination inspection, and the tenant has the right to be present at that inspection (Mo. Rev. Stat. 535.300(5)).
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If the landlord wrongfully withholds all or any portion of the deposit in violation of the statute, the tenant recovers as damages twice the amount wrongfully withheld (Mo. Rev. Stat. 535.300(6)).
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If the demand is ignored, a Missouri tenant can sue in small claims court for up to $5,000 (Mo. Rev. Stat. 482.305); the deadline to sue on a written lease is ten years (Mo. Rev. Stat. 516.110).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Missouri, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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Missouri Requirements for Security Deposit Demand Letter
In Missouri, within 30 days after the date of termination of the tenancy, the landlord must either return the full deposit or furnish a written itemized list of the damages withheld, along with the balance (Mo. Rev. Stat. 535.300(3)). Your demand letter should state that this deadline has passed.
A Missouri landlord who keeps any part of the deposit must furnish a written itemized list of the damages withheld, along with the balance of the deposit, within the 30 days (Mo. Rev. Stat. 535.300(3)). The statute sets no dollar threshold for attaching supporting receipts.
A Missouri landlord may withhold only amounts reasonably necessary to remedy a rent default, to restore the unit to its condition at the start of the tenancy, and to cover actual damages from a tenant failure to give adequate notice to terminate, provided the landlord mitigates (Mo. Rev. Stat. 535.300(4)).
Restoration of the unit is allowed only with ordinary wear and tear excepted (Mo. Rev. Stat. 535.300(4)). Charges for normal use, such as worn carpet or faded paint, are not proper deductions and can be disputed.
Before withholding, a Missouri landlord must give the tenant reasonable written or in-person notice of the date and time of the post-termination inspection, and the tenant has the right to be present at that inspection (Mo. Rev. Stat. 535.300(5)).
If a Missouri landlord wrongfully withholds all or any portion of the deposit in violation of the statute, the tenant recovers as damages twice the amount wrongfully withheld (Mo. Rev. Stat. 535.300(6)).
Send the demand to the landlord using a trackable method such as certified mail with return receipt, and provide your forwarding address. Keep a copy of the letter and the delivery record for a later small claims filing.
If the demand is ignored, a Missouri tenant may sue in small claims court where the amount in controversy may not exceed $5,000 (Mo. Rev. Stat. 482.305). The deadline to sue on a written lease is ten years (Mo. Rev. Stat. 516.110), though filing promptly after the demand is the practical course.
Frequently Asked Questions
It is a written demand a Missouri tenant sends a former landlord to recover a security deposit the landlord did not return, or account for in a written itemized list of damages, within the 30 days after termination of the tenancy that Mo. Rev. Stat. 535.300(3) allows. The letter states the amount owed, disputes any improper deductions, and asks for payment by a set date. It documents that you asked for the deposit before filing in small claims court, and it can note the twice-the-amount-withheld penalty under 535.300(6).
A Missouri security deposit demand letter is an informal written request that costs nothing to send and asks the landlord to pay before any case is filed. Small claims court is a formal case you file, usually after the demand is ignored, where the claim limit is $5,000 (Mo. Rev. Stat. 482.305). The demand letter often resolves the dispute on its own, and if it does not, it becomes evidence that you tried to settle first.
In Missouri, within 30 days after the date of termination of the tenancy, the landlord must either return the full deposit or furnish a written itemized list of the damages for which any portion is withheld, along with the balance of the deposit (Mo. Rev. Stat. 535.300(3)). If 30 days pass with no deposit and no itemized list, a demand letter is the usual next step before small claims court.
If a Missouri landlord wrongfully withholds all or any portion of the security deposit in violation of the statute, the tenant recovers as damages twice the amount wrongfully withheld (Mo. Rev. Stat. 535.300(6)). Citing this provision in your demand letter signals to the landlord that a wrongful withholding can cost twice what was kept, on top of returning the deposit itself.
A Missouri landlord may withhold only amounts reasonably necessary to remedy a tenant default in the payment of rent, to restore the unit to its condition at the commencement of the tenancy with ordinary wear and tear excepted, and to cover actual damages from the tenant failing to give adequate notice to terminate, provided the landlord makes reasonable efforts to mitigate (Mo. Rev. Stat. 535.300(4)). Deductions outside these categories can be disputed.
Yes. A Missouri landlord who keeps any part of the deposit must furnish a written itemized list of the damages withheld, along with the balance, within 30 days after termination of the tenancy (Mo. Rev. Stat. 535.300(3)). Separately, the landlord must give reasonable notice of the move-out inspection, and the tenant has the right to be present (535.300(5)). A missing itemized list can make the deductions improper.
In Missouri small claims court the amount in controversy may not exceed $5,000, exclusive of interest and costs (Mo. Rev. Stat. 482.305). A deposit claim can include the withheld deposit and, where the withholding was wrongful, twice the amount wrongfully withheld under Mo. Rev. Stat. 535.300(6). The deadline to sue on a written lease is ten years (Mo. Rev. Stat. 516.110), though filing promptly after the demand is the practical approach.
A Missouri demand letter should identify you and the landlord, give the rental address and the dates of the tenancy, state the deposit amount and your forwarding address, and note that the 30-day deadline under Mo. Rev. Stat. 535.300(3) has passed. It should dispute any improper deductions, state the exact amount owed, and demand payment by a specific date. Referencing the twice-the-amount-withheld penalty under 535.300(6) reinforces the demand.