Security Deposit Withholding Rules

Summary

Landlords in missouri must provide an itemized list of damages when withholding a security deposit. Normal wear and tear cannot be charged unless specified in the lease. If the landlord fails to provide this within 30 days, the tenant may sue for the full deposit and possibly recover court costs and attorney fees. Understanding the difference between damage and normal wear and tear is crucial for fair deductions.

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When a landlord is withholding all or part of a tenants security deposit, in 30 days after vacate date, does the landlord have to supply just a list of repairs and the landlords estimated costs of those repairs, OR does the landlord have to supply receipts of repair and written cost repair estimates from businesses?
In Missouri, when a landlord withholds part or all of a tenant's security deposit, the landlord must:
- Provide an itemized list of damages and charges.
- Return any remaining deposit balance within 30 days of lease termination.
Receipts or written estimates are not explicitly required by law but can help substantiate the charges.
And this withholding would not include charges for "normal wear and tear" unless specifically stated in the lease agreement?
In Missouri, landlords cannot charge tenants for "normal wear and tear" when withholding from a security deposit unless the lease agreement specifically states otherwise. It's important to distinguish between damage and normal wear and tear to justify any deductions.
Distinguish between damage and normal wear and tear for me.
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In Missouri, here's how to distinguish between damage and normal wear and tear:
- Normal Wear and Tear: Minor issues from regular use, like faded paint, minor carpet wear, or small nail holes.

- Damage: Significant issues caused by neglect or misuse, such as large holes in walls, broken windows, or stained carpets.
Understanding these differences helps ensure fair deductions from security deposits.
And if the landlord does not provide this information within the 30 days, and all of part of the deposit was with himself, what does that mean for the tenant?
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If a landlord in Missouri fails to provide an itemized list of damages and the remaining deposit within 30 days, the tenant may sue for the return of the entire security deposit. The court may also award the tenant court costs and reasonable attorney's fees.