The Missouri Security Deposit Statute
Security deposits, limitation--return of deposit or notice of damages,
when--withholding deposit, when--tenant's right to
damages--security deposit defined.
535.300. 1. A landlord may not demand or receive a security deposit in excess of two months' rent.
2. Within thirty days after the date of termination of the tenancy, the landlord shall:
(1) Return the full amount of the security deposit; or
(2) Furnish to the tenant a written itemized list of the damages for
which the security deposit or any portion thereof is withheld, along with
the balance of the security
deposit. The landlord shall have complied with this subsection by mailing
such statement and any payment to the last known address of the tenant.
3. The landlord may withhold from the security deposit only such amounts as are reasonably necessary for the following reasons:
(1) To remedy a tenant's default in the payment of rent due to the landlord, pursuant to the rental agreement;
(2) To restore the dwelling unit to its condition at the commencement of the tenancy, ordinary wear and tear excepted; or
(3) To compensate the landlord for actual damages sustained as a result
of the tenant's failure to give adequate notice to terminate the tenancy
pursuant to law or the
rental agreement; provided that the landlord makes reasonable efforts
to mitigate damages.
4. The landlord shall give the tenant or his representative reasonable
notice in writing at his last known address or in person of the date and
time when the landlord
will inspect the dwelling unit following the termination of the rental
agreement to determine the amount of the security deposit to be withheld,
and the inspection shall
be held at a reasonable time. The tenant shall have the right to be
present at the inspection of the dwelling unit at the time and date scheduled
by the landlord.
5. If the landlord wrongfully withholds all or any portion of the security
deposit in violation of this section, the tenant shall recover as damages
not more than twice the
amount wrongfully withheld.
6. Nothing in this section shall be construed to limit the right of
the landlord to recover actual damages in excess of the security deposit,
or to permit a tenant to apply
or deduct any portion of the security deposit at any time in lieu of
payment of rent.
7. As used in this section, the term "security deposit" means any deposit
of money or property, however denominated, which is furnished by a tenant
to a landlord to
secure the performance of any part of the rental agreement, including
damages to the dwelling unit. This term does not include any money or property
denominated
as a deposit for a pet on the premises.