Missouri Security Deposit Deductions

In Missouri, deposit deductions are limited to the uses in the supplied statute. The landlord must give an itemized statement within 30 days. The record does not include a statutory definition of wear and tear. Ordinary wear is not a lawful charge. The table lists each supplied item rule and citation.

Wear and tear in this record

The supplied Missouri record does not include a statutory definition of wear and tear. Normal wear and tear is the expected aging of a rental from ordinary living, such as faded paint or carpet worn from walking. Damage is harm beyond that ordinary use, such as a large stain, a burn, or a hole. A landlord can usually charge for tenant-caused damage. A landlord cannot charge for ordinary wear.

Item rules

Item Allowed Rule
Cleaning Conditional The landlord may withhold only amounts reasonably necessary (1) to remedy default in rent; (2) to restore the dwelling unit to its condition at the commencement of the tenancy, ordinary wear and tear excepted; or (3) actual damages from failure to give adequate notice, subject to mitigation. Ordinary cleaning is restoration, ordinary wear and tear excepted. (Mo. Rev. Stat. § 535.300(4))
Carpet replacement Not stated No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Mo. Rev. Stat. § 535.300). (Mo. Rev. Stat. § 535.300)
Painting Not stated No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Mo. Rev. Stat. § 535.300). (Mo. Rev. Stat. § 535.300)
Nail holes and wall damage Not stated No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Mo. Rev. Stat. § 535.300). (Mo. Rev. Stat. § 535.300)
Pet damage Yes Deductible as restoration, ordinary wear and tear excepted. A deposit denominated as a pet deposit is excluded from the definition of 'security deposit' in this section. (Mo. Rev. Stat. § 535.300(4)(2), (8))
Unpaid rent and fees Not stated No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Mo. Rev. Stat. § 535.300). (Mo. Rev. Stat. § 535.300)

Itemization duty

Itemization requiredYes
Deadline30 days
Receipts requiredConditional
RuleWithin 30 days after termination, return the full deposit or furnish a written itemized list of the damages for which any portion is withheld, along with the balance. A receipt for actual carpet-cleaning costs is required within 30 days if carpet cleaning is charged under a lease clause. Other receipts are not generally required. Tenant has a right to be present at a post-termination inspection after reasonable written notice.
CitationMo. Rev. Stat. § 535.300(3) - (5)

Burden of proof

If the landlord wrongfully withholds all or any portion of the security deposit in violation of this section, the tenant shall recover as damages twice the amount wrongfully withheld. Mo. Rev. Stat. § 535.300(6).

Statute says

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

Mo. Rev. Stat. § 535.300(3) - (5)

What this means

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If it was deducted anyway

Use the Missouri demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only a rule listed on this page.

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I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under Missouri law (Mo. Rev. Stat. § 535.300), a landlord must return the deposit or send a written, itemized list of deductions within 30 calendar days after the date of termination of the tenancy.

FAQ

What security deposit deductions are allowed in Missouri?

Only the uses in the supplied Missouri record. The table on this page lists each item with its rule and citation. A general wear-and-tear row is not an item-specific statute.

Does a Missouri landlord have to itemize deductions?

Yes. Within 30 days after termination, return the full deposit or furnish a written itemized list of the damages for which any portion is withheld, along with the balance. A receipt for actual carpet-cleaning costs is required within 30 days if carpet cleaning is charged under a lease clause. Other receipts are not generally required. Tenant has a right to be present at a post-termination inspection after reasonable written notice.

Who has the burden of proof for a Missouri deduction?

If the landlord wrongfully withholds all or any portion of the security deposit in violation of this section, the tenant shall recover as damages twice the amount wrongfully withheld. Mo. Rev. Stat. § 535.300(6).

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