Missouri Security Deposit Law, in Plain English

Missouri's deposit statute is one section long, and its most useful rule is the one landlords forget: the landlord must tell the tenant when the move-out inspection is, and the tenant has the right to be there. Around that sit a two-month cap, a 30-day return, and a double-damages remedy. Here's how RSMo § 535.300 actually works, for both sides of the lease.

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30 daysDeadline after termination to return the deposit or furnish an itemized damage list with the balance
2 months' rentMaximum deposit — pet deposits sit outside the definition
1 noticeThe landlord's mandatory written or in-person notice of the inspection date and time
0%Interest owed to the tenant — the statute gives it to the landlord
2xDamages for wrongful withholding of any portion

Two months' rent — and pet deposits don't count

A Missouri landlord may not demand or receive a deposit exceeding two months' rent. The statute defines "security deposit" broadly — any deposit, however denominated, securing performance of the rental agreement — with one carve-out: money denominated as a pet deposit is excluded. A pet deposit therefore sits outside the cap, and outside the statute's return and double-damages rules too; it's governed by the lease alone. The deposit must be held for the tenant in a federally insured bank, credit union, or depository institution. No separate account is required, and any interest earned belongs to the landlord.

The landlord must tell you when the inspection is — and you may attend

Most states make the tenant ask for a move-out inspection. Missouri flips it: the landlord shall give the tenant reasonable notice — in writing to the last known address, or in person — of the date and time of the post-termination inspection, which must be held at a reasonable time. The tenant has the right to be present. That makes the inspection the center of the Missouri process. A deduction the tenant watched the landlord discover rarely becomes a lawsuit; a deduction that surfaced by mail three weeks later often does. Attend, and photograph what both of you look at.

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After move-out: 30 days, itemized, with the balance

Within 30 days after the tenancy terminates, the landlord must either return the full deposit or furnish a written itemized list of the damages for which any portion is withheld, together with the balance. The permitted uses are a closed list: unpaid rent; restoring the unit to its condition at the start of the tenancy, ordinary wear and tear excepted; actual damages from the tenant's failure to give adequate notice of leaving — but only if the landlord made reasonable efforts to mitigate by re-renting; and carpet-cleaning amounts the lease specifies, to the extent actual costs exceed ordinary wear and tear. That mitigation clause is a real limit. A landlord who let the unit sit empty for the rest of a broken lease without trying to re-rent it can't charge the departed tenant for the vacancy.

When it goes wrong: twice the amount, no lawyer required

If the landlord wrongfully withholds all or any portion of the deposit, the tenant "shall recover as damages twice the amount wrongfully withheld." The statute adds no attorney's fee award — so the practical route is small claims, without counsel. Deposit disputes go to the small claims division of the associate circuit court, which hears claims up to $5,000 exclusive of costs and interest; larger claims go to the associate circuit court itself. The winning file: the lease, the inspection notice, the 30-day list or proof none arrived, evidence of re-rental efforts if lost rent is claimed, and dated room-by-room photos from both ends of the tenancy.

Sources and official texts

The official sources for this guide are RSMo § 535.300 — security deposits (cap, holding, 30-day rule, inspection notice, permitted withholding, and double damages); the Missouri Attorney General's Landlord-Tenant Law guide; and the Missouri Courts Small Claims Court Handbook.

Frequently asked questions

How long does a landlord have to return a security deposit in Missouri?

30 days after the tenancy ends. Within that window the landlord must either return the full deposit or give you a written itemized list of the damages being charged, along with whatever balance remains.

How much can a landlord charge for a security deposit in Missouri?

No more than two months' rent. One wrinkle: money labeled as a pet deposit isn't a 'security deposit' under the statute, so it sits outside the cap — and outside the statute's return and double-damages rules.

Do I get interest on my deposit in Missouri?

No. The deposit must be held in a federally insured bank, credit union, or depository institution, but § 535.300 says any interest earned is the landlord's property.

Can I be present at the move-out inspection in Missouri?

Yes — and the landlord has to tell you when it is. The statute requires the landlord to give reasonable written notice (to your last known address) or in-person notice of the inspection date and time, held at a reasonable time. You have the right to attend. Go, and photograph what you both see.

What can a landlord deduct from a deposit in Missouri?

Unpaid rent; the cost of restoring the unit to its move-in condition, ordinary wear and tear excepted; actual rent lost because you left without adequate notice, if the landlord made reasonable efforts to re-rent; and carpet-cleaning charges your lease specifies, to the extent actual costs exceed ordinary wear and tear.

What happens if the landlord wrongfully keeps money?

You recover twice the amount wrongfully withheld — the statute's word is 'shall.' It doesn't add attorney's fees, so most Missouri deposit cases are brought in small claims without a lawyer.

Can my landlord keep money for rent after I moved out early?

Only actual damages from your failure to give adequate notice, and only if the landlord made reasonable efforts to mitigate — meaning tried to re-rent the unit. A landlord who let it sit empty for the rest of your lease without trying can't charge you for it.

Where do deposit disputes go in Missouri?

The small claims division of the associate circuit court handles claims up to $5,000 — informal and inexpensive. Bring the lease, the inspection notice, the 30-day itemized list or proof none arrived, and dated move-in and move-out photos.

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PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Missouri law or a particular result in a deposit dispute.

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