Missouri's security deposit law places a firm cap on what a landlord can charge upfront — but many tenants sign leases without knowing it exists. The result: landlords collect illegal deposits and tenants have no idea they're owed money back at the end of the tenancy. The rules are set out in Missouri Revised Statutes § 535.300. They cover the maximum deposit amount, the deadline by which the landlord must return funds, and the requirement for a written, itemised list of any deductions. Knowing these rules before you sign means you can push back on overcharges, document the property thoroughly, and recover your deposit in full if the landlord fails to comply.
What is a Security Deposit?
A security deposit is money paid to a landlord at the start of a tenancy, held as security against unpaid rent or damage beyond normal wear and tear. In Missouri, the maximum deposit is two months' rent. Within 30 days of you vacating the property, the landlord must either return the full deposit or provide a written itemised statement explaining any deductions along with the remaining balance. Failure to comply can result in the landlord forfeiting the right to retain any portion of the deposit and owing you double the withheld amount as damages.
Red flags to watch for
Missouri § 535.300 caps the deposit at two months' rent. Any lease demanding more is unlawful, and you can refuse to pay the excess.
Without a documented baseline condition, a landlord can falsely attribute pre-existing damage to you. Insist on a written walk-through at move-in.
Missouri law only allows deductions for damage beyond normal wear and tear — not routine cleaning unless you left the unit unusually dirty. A blanket cleaning fee clause is likely unenforceable.
Missouri law requires return within 30 days of vacating. A lease that extends this deadline to 45 or 60 days is attempting to override a statutory protection.
Missouri courts have held that a deposit labelled 'non-refundable' is still a security deposit under § 535.300. Landlords cannot contract out of the return requirement.
Your legal rights
Under Missouri Revised Statutes § 535.300, the security deposit cap is two months' rent. The landlord must return the deposit (or the balance after permitted deductions) within 30 days of you vacating and providing a forwarding address. If the landlord fails to comply — whether by missing the deadline or providing an inadequate itemised statement — you may sue for the amount wrongfully withheld plus damages of twice the deposit. Missouri Small Claims Court handles disputes up to $5,000, making this a practical remedy for most tenants.
Questions to ask before you sign
- 1How much is the total deposit, and does it exceed two months' rent?
- 2Will we complete a joint move-in inspection and sign a condition report?
- 3What specific items can you deduct from my deposit at the end of the tenancy?
- 4What address should I send my forwarding address to when I vacate?
- 5Do any fees listed as 'non-refundable' form part of the security deposit?
- 6What is your process for returning the deposit within the 30-day statutory deadline?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.