535.300. Security deposits, limitation--return of deposit or notice of damages, when--withholding deposit, when--tenant's right to damages--security deposit defined. - Missouri Statutes

Security deposits, limitation--return of deposit or notice of damages,when--withholding deposit, when--tenant's right to damages--securitydeposit defined.

535.300. 1. A landlord may not demand or receive a securitydeposit in excess of two months' rent.

2. Within thirty days after the date of termination of thetenancy, the landlord shall:

(1) Return the full amount of the security deposit; or

(2) Furnish to the tenant a written itemized list of thedamages for which the security deposit or any portion thereof iswithheld, along with the balance of the security deposit. Thelandlord shall have complied with this subsection by mailing suchstatement and any payment to the last known address of thetenant.

3. The landlord may withhold from the security deposit onlysuch amounts as are reasonably necessary for the followingreasons:

(1) To remedy a tenant's default in the payment of rent dueto the landlord, pursuant to the rental agreement;

(2) To restore the dwelling unit to its condition at thecommencement of the tenancy, ordinary wear and tear excepted; or

(3) To compensate the landlord for actual damages sustainedas a result of the tenant's failure to give adequate notice toterminate the tenancy pursuant to law or the rental agreement;provided that the landlord makes reasonable efforts to mitigatedamages.

4. The landlord shall give the tenant or his representativereasonable notice in writing at his last known address or inperson of the date and time when the landlord will inspect thedwelling unit following the termination of the rental agreementto determine the amount of the security deposit to be withheld,and the inspection shall be held at a reasonable time. Thetenant shall have the right to be present at the inspection ofthe dwelling unit at the time and date scheduled by the landlord.

5. If the landlord wrongfully withholds all or any portionof the security deposit in violation of this section, the tenantshall recover as damages not more than twice the amountwrongfully withheld.

6. Nothing in this section shall be construed to limit theright of the landlord to recover actual damages in excess of thesecurity deposit, or to permit a tenant to apply or deduct anyportion of the security deposit at any time in lieu of payment ofrent.

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 theperformance of any part of the rental agreement, includingdamages to the dwelling unit. This term does not include anymoney or property denominated as a deposit for a pet on thepremises.

(L. 1983 H.B. 175 § 1)

(2007) Subsection 5 of section allowing award of twice the security deposit for wrongful failure to return deposit does not apply to tenants of commercial property. PDQ Tower Services, Inc. v. Adams, 213 S.W.3d 697 (Mo.App.W.D.).