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.
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Key Things to Know
- 1
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.
- 2
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)).
- 4
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)).
- 5
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)).
- 6
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)).
- 7
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
30-Day Return or Itemize Deadline
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.
Written Itemized List of Damages
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.
Permitted Deductions
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)).
No Deduction for Ordinary Wear and Tear
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.
Move-Out Inspection Notice and Right to Be Present
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)).
Twice the Amount Wrongfully Withheld
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 With Proof of Delivery and a Forwarding Address
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.
Small Claims Limit and Deadline to Sue
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.