Overview
Missouri law (Mo. Rev. Stat. § 535.300) governs the collection, handling, and return of security deposits. The state caps deposits at two months' rent and requires landlords to return them within 30 days of the tenant vacating the property. Missouri also provides penalties — including double damages — for landlords who wrongfully withhold deposits.
This guide covers everything landlords and tenants need to know about security deposits in Missouri, including practical examples, checklists, and steps to resolve disputes.
Key Takeaways
- Maximum deposit: 2 months' rent (e.g., $1,200/month rent = $2,400 max deposit)
- Return deadline: 30 days after the tenant vacates
- Itemized statement: Required with any deductions
- Penalty for wrongful withholding: Up to 2x the amount withheld + attorney's fees
- Small Claims Court limit: $5,000
- No pre-move-out inspection required by statute, but highly recommended
Deposit Limits
Missouri law sets the following security deposit limits:
- Maximum deposit: 2 months' rent
- Landlords may not charge additional nonrefundable fees as part of the security deposit beyond what is specified in the lease
- Pet deposits: Additional deposits for pets are common but count toward the overall two-month limit
Practical Examples
| Monthly Rent | Maximum Deposit | Pet Deposit Room |
|---|---|---|
| $800 | $1,600 | Included within $1,600 total |
| $1,200 | $2,400 | Included within $2,400 total |
| $1,800 | $3,600 | Included within $3,600 total |
Important: If your landlord charges a $1,200 security deposit on a $800/month apartment, that exceeds the legal maximum. You have the right to challenge any deposit amount that exceeds two months' rent.
cite: Mo. Rev. Stat. § 535.300
Allowable Deductions
Landlords may only deduct from the security deposit for the following reasons:
- Unpaid rent: Any rent owed at the time of move-out
- Damage beyond normal wear and tear: Repairs for tenant-caused damage exceeding ordinary use
- Cleaning: Costs to return the unit to the condition at move-in, minus normal wear
- Breach of lease: Costs arising from the tenant's violation of lease terms
What Constitutes Normal Wear and Tear?
Understanding the difference between normal wear and damage is critical for both parties:
| Normal Wear and Tear (NOT deductible) | Tenant Damage (Deductible) |
|---|---|
| Minor scuffs on walls | Large holes in walls |
| Small nail holes from hanging pictures | Unauthorized paint colors or wallpaper |
| Worn carpet from regular foot traffic | Stained, burned, or torn carpet |
| Faded paint due to sunlight | Broken windows or fixtures |
| Loose door handles from normal use | Pet damage to flooring or doors |
| Minor marks around light switches | Water damage from neglect |
Common Deduction Scenarios
- Painting: A landlord generally cannot deduct for repainting unless the tenant caused damage beyond normal wear (e.g., painted rooms without permission, left crayon/marker on walls). Normal fading or minor scuffs are not deductible.
- Carpet replacement: Carpet has a typical useful life of 5–10 years. If the carpet was already 8 years old, a landlord cannot charge the full replacement cost for minor stains — only the prorated depreciated value of the remaining useful life.
- Cleaning: A landlord can deduct cleaning costs only if the unit was left materially dirtier than at move-in. Normal dust and light cleaning are not deductible.
Return Timeline
Landlords must return the security deposit within 30 days of the tenant vacating the unit. The return must include:
- The remaining deposit amount (if any deductions were made)
- An itemized written statement listing each deduction and the amount
Step-by-Step: What Happens After You Move Out
- Day 1: Tenant vacates and returns keys. The 30-day clock starts.
- Days 1–30: Landlord inspects the unit, obtains repair estimates, and prepares the itemized statement.
- Day 30: Deadline for the landlord to either return the full deposit OR send the remaining balance with an itemized list of deductions to the tenant's forwarding address.
- After Day 30: If no deposit or statement is received, the tenant may pursue legal remedies.
Failure to Comply
If the landlord wrongfully withholds all or part of the security deposit, the tenant may recover up to twice the amount wrongfully withheld. The landlord is also liable for reasonable attorney's fees if the court finds the deposit was withheld in bad faith.
Example: If a landlord improperly withholds $800 from a $2,000 deposit, the tenant could sue and recover up to $1,600 (2 × $800) in damages, plus attorney's fees.
Forwarding Address
The tenant should provide the landlord with a forwarding address in writing to ensure the timely return of the deposit. If no forwarding address is provided, the landlord should mail the deposit to the tenant's last known address.
Tip: Send your forwarding address via certified mail or email with a read receipt so you have proof it was received.
cite: Mo. Rev. Stat. § 535.300
Pre-Move-Out Inspection
Missouri does not have a statutory requirement for pre-move-out inspections. However, conducting one is strongly recommended to avoid disputes.
Recommended Steps
- At move-in: Take timestamped photos or video of every room, noting any pre-existing damage. Send a copy to your landlord and keep your own.
- Before move-out: Request a walk-through with the landlord at least 1–2 weeks before your lease ends. Walk through each room together and agree on the condition.
- At move-out: Take final photos/video showing the unit's condition when you leave. Keep copies of all cleaning receipts.
A thorough record of the property's condition is your best defense against unfair deductions.
Tenant Move-Out Checklist
Use this checklist to protect your deposit:
- Give proper written notice per your lease terms
- Provide forwarding address in writing (certified mail or email)
- Take timestamped photos/video of every room
- Patch small nail holes and clean thoroughly
- Remove all personal belongings and trash
- Return all keys, garage openers, and access devices
- Request a walk-through with your landlord
- Keep copies of all receipts for cleaning and repairs
- Note the date you vacate — the 30-day clock starts here
Landlord Deposit Checklist
Best practices for landlords to stay compliant:
- Collect no more than 2 months' rent as deposit
- Document unit condition at move-in with photos/video
- Hold the deposit for the duration of the tenancy
- Inspect the unit promptly after the tenant vacates
- Prepare an itemized written statement of all deductions
- Return the deposit (or balance + statement) within 30 days
- Mail to the tenant's forwarding address or last known address
- Keep copies of all documentation for at least 5 years
Dispute Resolution
If a tenant believes their deposit was wrongfully withheld, there are several avenues for resolution:
Step 1: Send a Demand Letter
Write a formal letter to your landlord that includes:
- Your name and the rental property address
- The amount of deposit paid and date
- The date you vacated the unit
- A specific request for the return of the deposit (or the disputed portion)
- A deadline (typically 7–14 days)
- A statement that you will pursue legal action if the deposit is not returned
Send the letter via certified mail with return receipt so you have proof of delivery.
Step 2: File in Small Claims Court
If the demand letter does not resolve the issue:
- Filing limit: Up to $5,000 in Missouri Small Claims Court
- Filing fee: Approximately $20–$75 depending on the county
- No attorney required: Small Claims Court is designed for self-representation
- What to bring: Your lease, move-in/move-out photos, the demand letter, proof of forwarding address, and any communication with the landlord
Step 3: File a Complaint
You can also file a complaint with the Missouri Attorney General's Consumer Protection Division:
- Online at ago.mo.gov
- By phone: (800) 392-8222
Possible Outcomes
Courts may award the tenant:
- Return of the full deposit amount wrongfully withheld
- Up to 2× the amount wrongfully withheld as damages
- Reasonable attorney's fees if the landlord acted in bad faith
cite: Mo. Rev. Stat. § 535.300
Related Missouri Resources
- Missouri Landlord-Tenant Law Overview — Full coverage of eviction procedures, rent control, lease agreements, and tenant rights
- Missouri Attorney General — Landlord/Tenant Law — Official state resource with complaint filing
- Missouri Revised Statutes § 535.300 — Full text of the security deposit statute
Frequently Asked Questions
How long does a landlord have to return a security deposit in Missouri?
Missouri landlords must return the security deposit within 30 days of the tenant vacating the rental unit. The return must include an itemized written statement of any deductions.
Is there a limit on how much a landlord can charge for a security deposit in Missouri?
Yes. Missouri law caps security deposits at 2 months' rent. This includes any pet deposits. For example, if rent is $1,000/month, the maximum total deposit is $2,000.
Can a Missouri landlord keep the security deposit for normal wear and tear?
No. Landlords may only deduct for damage beyond normal wear and tear. Minor scuffs, small nail holes, and worn carpet from regular use are considered normal wear and are not deductible.
What can I do if my landlord won't return my security deposit in Missouri?
You can send a formal demand letter, file a claim in Small Claims Court (up to $5,000), or file a complaint with the Missouri Attorney General. If the court finds the landlord acted in bad faith, you may recover up to twice the amount withheld plus attorney's fees.
Does Missouri require a pre-move-out inspection?
No. Missouri does not have a statutory requirement for pre-move-out inspections. However, it is strongly recommended that both landlords and tenants document the unit's condition at move-in and move-out with photos and video.
Can a landlord charge for painting after I move out in Missouri?
Generally, no — unless you caused damage beyond normal wear and tear, such as painting rooms without permission or leaving significant marks on walls. Normal fading and minor scuffs from everyday living are not deductible.
What happens if my landlord doesn't send an itemized statement?
If the landlord fails to return the deposit with an itemized statement within 30 days, the tenant may sue for up to twice the deposit amount wrongfully withheld. The failure to provide an itemized statement strengthens the tenant's case in court.
Do I need to give my landlord a forwarding address?
While not legally required, providing a forwarding address in writing is strongly recommended. It ensures timely return of your deposit and demonstrates good faith, which is helpful if disputes arise later.