Get Your Full Security Deposit Back in Missouri

Moving out of your rental home in Missouri? A common concern for many tenants is how to get the entire security deposit returned. The process is governed by specific Missouri laws that protect both your rights and your landlord's interests. This guide breaks down the key steps, documents, and legislation you need to know, so you can move out smoothly and maximize your deposit refund.

Understanding Security Deposit Law in Missouri

Missouri law places limits on how much a landlord can require as a security deposit and sets strict rules for when and how it must be returned. According to the Missouri Revised Statutes Section 535.300, the maximum security deposit cannot exceed two months' rent. After you move out, your landlord has 30 days to return your deposit or give you an itemized list of deductions.

What Can Be Deducted?

• Rent that is owed and unpaid
• Damages beyond normal wear and tear
• Other breaches of your lease agreement

If your landlord withholds any amount, they must provide an itemized list explaining each deduction.

Steps to Increase Your Chances of a Full Refund

• Give proper written notice of your intent to move, as required by your lease (usually 30 days).
• Thoroughly clean the unit and fix any minor damages before your final walk-through.
• Take clear, dated photos of every room, surface, and appliance to document the unit’s condition when you move out.
• Invite your landlord to do a walk-through with you after you’ve moved your belongings out. Use this as a chance to discuss potential deductions.
• Provide your new mailing address in writing when you vacate so your landlord can send your deposit and any statement of deductions.

Missouri's Key Security Deposit Forms and Procedures

Move-Out/Forwarding Address Letter

Before moving, submit a written statement to your landlord with your forwarding address. Some tenants use a basic form letter for this purpose. While Missouri does not have a specific official form, written notice is required under Section 535.300.

• When to use: When you turn in your keys or move out
• How to use: Hand-deliver or send by certified mail to your landlord. Sample template available from the Missouri Attorney General’s Landlord-Tenant Law page.

Request for Itemized Statement

If your landlord does not return your deposit or does not provide an itemized deduction list within 30 days, you may write a formal request. No state-issued form exists, but sample letters can be found on the Missouri Attorney General’s website.

• When to use: If more than 30 days pass with no refund or statement
• How to use: Send in writing by mail and retain a copy for your records

Filing a Claim in Court

If you believe your deposit is being wrongfully withheld, Missouri law allows you to file a claim in Small Claims Court. No legal representation is required, and the process is intended to be accessible to the general public. You’ll need to fill out the "Small Claims Petition (Form SMCC)" available from the Missouri Courts.

• When to use: After failing to resolve the issue directly with your landlord
• How to use: Complete the Small Claims Petition online or at your local courthouse, then follow the court’s instructions for filing and serving the landlord

What If There’s a Dispute?

If discussions with your landlord don’t resolve your concerns, Missouri tenants can turn to Small Claims Court for disputes up to $5,000. The relevant court is handled by your local Missouri Circuit Court.

If your landlord withholds your deposit without the required itemized list, you may be entitled to double damages plus court costs under Section 535.300.

How Missouri Law Protects Renters

The main legislation governing deposits is the Missouri Revised Statutes Section 535.300. This law outlines deposit limits, acceptable deductions, and your right to documentation.

Summary: Understanding and following Missouri’s process increases your likelihood of getting your deposit back quickly and in full.

Frequently Asked Questions

1. How long does my landlord have to return my deposit in Missouri? Missouri landlords must return the security deposit or provide an itemized list of deductions within 30 days after you move out.
2. Can my landlord keep my deposit for normal wear and tear? No, landlords may only deduct for damage beyond normal wear and tear. Routine aging or minor marks cannot be charged.
3. What if I don't provide a forwarding address? Your landlord is only required to send the deposit or statement to your most recent address on record, so always submit your new address in writing when you move.
4. What should I do if my landlord withholds my deposit unfairly? After written requests, you can sue in Small Claims Court and may receive double damages if the landlord acted unlawfully.
5. Are there official forms for getting my deposit back? While Missouri does not offer a dedicated state security deposit return form, you can use sample letters from the Missouri Attorney General and file claims using court-issued Small Claims forms.

Key Takeaways for Missouri Renters

• Always document your move-out condition and follow your lease notice rules
• Provide your forwarding address and request an itemized list of deductions if needed
• If disputes arise, Missouri courts offer an accessible process for claiming wrongfully withheld deposits

Need Help? Resources for Renters

• Missouri Attorney General – Landlord-Tenant Law Guide
• Missouri Courts – Find Your Local Circuit Court
• Missouri Revised Statutes Section 535.300: Security Deposits
• Small Claims Court Information and Forms

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1. Missouri Revised Statutes Section 535.300 – Security Deposits
2. Missouri Attorney General: Landlord-Tenant Law
3. Missouri Courts – Small Claims Petition (Form SMCC)

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