Getting Your Security Deposit Back in Missouri
My landlord won't return my deposit — here's what Missouri law says and what to do next.
Statute: Mo. Rev. Stat. § 535.300
Deadline: 30 days
Penalty: Landlord may be liable for up to twice the amount wrongfully withheld
What is getting your security deposit back?
When you move out, your landlord must return your security deposit within a specific timeframe set by your state's law. They can only deduct for legitimate reasons: unpaid rent, damage beyond normal wear and tear, or cleaning costs specifically allowed by your lease.
Your landlord cannot keep your deposit for normal wear (scuffed floors, faded paint, minor nail holes). Most states require landlords to provide an itemized list of any deductions.
What to Do If Your Landlord Won't Return Your Deposit
Step 1: Before moving out, take photos and video of every room. Date-stamp them. This documents the condition of the unit.
Step 2: Do a walkthrough with your landlord if possible. Get them to sign off on the condition of the unit, or note any disputes in writing.
Step 3: Provide your forwarding address in writing so the landlord knows where to send the deposit.
Step 4: If your landlord doesn't return the deposit within your state's deadline, send a demand letter via certified mail requesting the return.
Step 5: If they still won't return it, file in small claims court. Many states allow you to recover 2-3x the deposit amount as a penalty for wrongful withholding.
How Missouri differs from federal law
Missouri regulates security deposits under state landlord-tenant law:
- Maximum deposit: 2 months' rent
- Landlords are not required to hold the deposit in a separate account or pay interest
- Deposit must be returned within 30 days after the tenant moves out
- An itemized list of deductions must be provided if any amount is withheld
- Allowed deductions: unpaid rent, damage beyond normal wear and tear
- If the landlord wrongfully withholds the deposit, the tenant may recover up to 2x the amount wrongfully withheld
- Tenants must provide a forwarding address in writing to receive the deposit
Additional steps in Missouri
If your landlord fails to return your deposit, send a written demand via certified mail. You can file in Missouri small claims court (up to $5,000). Contact Legal Services of Eastern Missouri at (314) 534-4200 or Legal Aid of Western Missouri at (816) 474-6750.
What you should NOT do
Don't leave without documenting. Without move-out photos, it's your word against the landlord's about the unit's condition.
Don't skip the demand letter. Courts want to see that you tried to resolve it before suing. A certified letter creates a paper trail.
Don't wait too long. Most states have a statute of limitations (2-6 years) for security deposit claims. File promptly.
Don't accept a partial return without reserving your rights. If you cash a partial refund check, note in writing that you're still disputing the deductions.
You shouldn't have to hire a lawyer to assert your rights.
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Generate your security deposit →This page is general legal information for Missouri, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Missouri.