Missouri Rules for Security Deposits vs. Damage Deposits

Renters in Missouri are often asked to pay a security deposit before moving into a rental property. But what exactly does this deposit cover, and how is it different from a damage deposit? Understanding your rights around deposits can help make sure you get your money back when you move out. This guide explains key rules in Missouri, links to official forms, and provides tips for renters dealing with deposit issues.

Understanding Security Deposits and Damage Deposits in Missouri

In Missouri, the terms "security deposit" and "damage deposit" are sometimes used interchangeably, but they have specific legal meanings under Missouri Revised Statutes § 535.300 (the Landlord-Tenant Law). A security deposit is money paid to protect the landlord against unpaid rent, damages beyond normal wear and tear, or costs for cleaning the rental unit.

• Security Deposit: Covers unpaid rent, damages (not normal wear and tear), and reasonable cleaning.
• Damage Deposit: In practice, Missouri law treats this as part of the overall security deposit. Separate "damage deposits" are not specifically outlined in state law, but any deposit for damages falls under the same rules as the security deposit.

The maximum a landlord can require from a renter is two months' rent as a security deposit.

How Are Deposits Collected, Held, and Returned?

Deposit Collection and Storage

• Landlords cannot ask for more than two months’ rent for the security deposit.
• Missouri law requires landlords to keep all deposits in a bank or financial institution insured by the federal government.

Getting Your Security Deposit Back

When your lease ends, your landlord must return your deposit, minus any lawful deductions, within 30 days of you moving out and providing a forwarding address. Deductions can only be for:

• Unpaid rent or utilities
• Damages that go beyond normal wear and tear
• Cleaning if the unit was not left in the same condition, excluding normal wear

If deductions are made, the landlord must give you an itemized list of damages and costs.

Official Forms: What Missouri Renters Need to Know

• Security Deposit Dispute Letter (No official form number)
  When to use: If 30 days have passed after move-out and you have not received your deposit or an itemized statement, you may write a demand letter to your landlord. While Missouri does not have a required government-issued form, the Missouri Attorney General provides a sample 'Tenant's Demand Letter' as a helpful template.
  How to use: Fill out the letter with your details and mail it by certified mail to the landlord as a formal request.

There is currently no mandatory tribunal complaint form for residential tenancy deposit disputes in Missouri. Renters may pursue the matter in small claims court if disputes are unresolved. For small claims, use the official Missouri Courts Small Claims Petition form.

What Missouri Law Says: Relevant Legislation and Resources

• Missouri Revised Statutes § 535.300 – Security Deposits outlines the collection, use, and return of security deposits.
• The Missouri State Housing Development Commission (MSHDC) provides guidance but does not adjudicate individual disputes.
• Jurisdiction for disputes falls under the local county Circuit Courts of Missouri (for small claims).

Action Steps If Your Deposit Is Not Returned:

• Write and send a demand letter to your landlord with details and your forwarding address.
• If still unresolved, file a claim in small claims court using the official petition form.
• Include copies of your lease, move-in/move-out inspection records, and any communication.

FAQ: Missouri Renters’ Security Deposit Rights

1. How much can a landlord charge for a security deposit in Missouri?
   Landlords in Missouri can charge up to two months' rent as a security deposit.
2. Is there a difference between a security deposit and a damage deposit?
   All deposits taken for damage or security purposes are legally treated the same under Missouri law—there is no separate "damage deposit" category recognized.
3. How soon should I get my deposit back after moving out?
   Your landlord must return your deposit, with deductions itemized, within 30 days after you move out and provide your forwarding address.
4. What can a landlord deduct from my security deposit?
   Lawful deductions include unpaid rent, damages (beyond normal wear and tear), and cleaning costs if the unit was not left reasonably clean.
5. What can I do if my landlord won’t return my deposit?
   First send a demand letter, then consider small claims court using the official petition form if there’s no response.

Conclusion: Missouri Security Deposit Basics for Renters

• Missouri law limits deposits to two months’ rent and requires deposits be returned within 30 days of move-out—minus deductions for damages or unpaid rent.
• If your deposit is wrongly withheld, sending a demand letter and using small claims court are effective next steps.
• Keep detailed records and use official forms—knowing your rights helps protect your money!

Need Help? Resources for Renters

• Missouri Attorney General – Landlord-Tenant Law Overview
• Small Claims Court - Missouri Courts Official Forms
• Missouri Revised Statutes § 535.300 (Security Deposits)
• Local Circuit Courts of Missouri – For deposit disputes
• Attorney General Consumer Complaint Form (for reporting serious violations)

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1. Missouri Revised Statutes § 535.300 – Security Deposits
2. Missouri Attorney General – Landlord-Tenant Law
3. Missouri Courts – Small Claims Official Forms

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