How do I dispute a security deposit return in Missouri?
Missouri's deposit statute is RSMo § 535.300, applicable to most residential leases.
1. 2-Month Cap
Maximum deposit is two months' rent (§ 535.300(1)).
2. Right to Be Present at Inspection
The tenant has the right to be present at the final inspection of the unit. The landlord must give at least 24 hours' notice of the inspection time. If the tenant requests the inspection, the landlord must comply (§ 535.300(3)).
3. 30-Day Return Rule
Within 30 days of termination, the landlord must return the deposit (less lawful deductions) along with an itemized list of damages by mail to the tenant's last known address (§ 535.300(3)).
4. Allowed vs. Prohibited Deductions
Permitted: unpaid rent, restoration costs for damage beyond ordinary wear and tear, costs to remedy default by the tenant in their lease obligations. Prohibited: ordinary wear and tear, routine cleaning, repainting after long tenancies.
5. Double-Damage Penalty
Wrongful withholding exposes the landlord to liability for twice the amount wrongfully withheld (§ 535.300(5)). The tenant must commence the action within 5 years.
6. Small Claims & Limitations
File in Missouri Associate Circuit Court small claims division (up to $5,000). The statute of limitations is 10 years for written contracts (§ 516.110) or 5 years for oral (§ 516.120).
This is legal information, not legal advice.
- Landlord retaliating with bogus deductions after a tenant complaint
- High-value deposit (luxury St. Louis/KC rental) where doubling exceeds small-claims jurisdiction
- Habitability defense claim alongside the deposit dispute
- Mo. Rev. Stat. § 535.300
- Mo. Rev. Stat. § 516.110
- Mo. Rev. Stat. § 516.120
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.