Most landlords are conscientious about returning deposits. Some return deposits the day their tenants leave. However, unreturned and slowly returned deposits are problems tenants have encountered.

To insure the return of your deposit, follow the advice in the “Moving in” and “Moving out” sections of this handbook, and:

1 Before signing your lease, see if it has a provision for the return of your deposit. If it is omitted, have it written in. (See our section on leases.)

2. Make an appointment with the landlord to inspect the premises before you move in. If the landlord won’t accompany you on the inspection, get two adult witnesses who aren’t relatives or parties to the lease to inspect with you. It is a good idea to have witnesses whether or not the landlord is there. Use a checklist and note any damage to the property or contents, fixtures or appliances, or any conditions which are contrary to the lease or oral agreements the landlord has made. Inspect carefully, because any damage you fail to note could be deducted from your deposit when you leave. You, the landlord, and the witnesses must sign and date the checklist. Keep a copy with the lease and give a copy to the landlord.

BCT also suggests that you do the following to insure the return of your deposit:
(a) If you damage anything in the apartment, you might find it cheaper to make the repairs yourself or hire someone to make the repairs. The landlord’s price for the repairs may be high. Check the lease, though, for some leases don’t allow tenants to make repairs without consent of the landlord.
(b) Don’t try to deduct the deposit from your last rent payment. And don’t try to skip the last rent payment, thinking the landlord can use your deposit for the last month’s rent. Either of these actions is a breach of the lease, and, in addition to losing all or part of your deposit, you could be sued.
(c) Find out how clean the landlord expects the place to be when you leave. Allow plenty of time for cleaning your apartment and do a good job.

Don’t skimp on the kitchen. A dirty stove could be a $25 deduction. You are responsible for leaving the place in the same condition as it was when you moved in. You stand a better chance of having your full deposit returned by leaving your rental unit as clean as possible.

(d) When you move out, make
another inspection of the premises with the landlord. Remove all your possessions before the inspection. You should have your witnesses present for this inspection. Use another checklist, unless your original checklist has space for a second inspection. As before, inspect carefully: all parties must sign and date the checklist, and you and the landlord must get copies of the checklist.
(e) Have the landlord tell you how much money you will get back. This should be put in writing. Also, at this point, the landlord should give you a chance to correct any faults he has with the place. You should not be charged for “Fair wear and tear”.
 (I) Return all keys. Some landlords
charge to change locks if all keys are not returned.
(g) Be sure the landlord has your forwarding address. You should have the landlord’s address and phone number if further communication is needed.
(h) If the landlord gives you a check for less than the amount owed you, write “cashed under protest” over your endorsement. Also write a letter to the landlord stating that the amount was partial payment. (Always keep copies of any communication.)

In seeking the return of your deposit, be persistent, be patient, be diplomatic, but also be firm with the landlord. If your landlord stalls in returning your deposit to exhaust your patience, don’t let your landlord succeed.
Please refer to Appendix E for a complete copy of the Missouri Security Deposit Statute: RS Mo. §535.300.

The purpose of Small Claims Court is to allow citizens to recover small amounts (less than $1500) for a $5 to $10 filing fee and an additional $20 service fee to subpoena the defendant. The proceedings are informal; normal court rules of evidence and procedure aren’t used in Small Claims Court. You don’t need an attorney, but should consult BCT or your attorney before taking this action.

Contact the Small Claims Court for information on the following procedures:

1. Whom you need to name as defendants.

2. How to find out about the defendant’s assets.

3. Problems you might encounter in the process of having a summons served to the defendant.

4. Ways to collect your judgement such as:
a. Garnishment
b. Bank accounts
c. Rent money

If your landlord does not, within 30 days after the date of termination of the tenancy: (a) Return the full amount of the security deposit, or (b) Give you written itemized list of the deductions from your security deposit, plus the amount remaining from your deposit, you may file suit in Small Claims Court for up to twice the amount wrongly withheld. (§535.300)