Missouri security deposit law

You may not demand or receive a security deposit of more than two months' rent. A security deposit is any money or property, whatever it is called, that the tenant gives you to secure performance of the rental agreement, including damage to the unit; money labeled as a deposit for a pet on the premises is not a security deposit under this section.

Mo. Rev. Stat. § 535.300.1, .8

• Because a pet deposit is not a security deposit under this section, it does not count toward the two-month limit. Mo. Rev. Stat. § 535.300.8
• Section 441.043 generally preempts local limits on security deposits. It preserves regulation of public property and specified subsidized-rent arrangements; check the property's ownership and program before treating preemption as universal. The statewide deposit cap remains a separate rule. Mo. Rev. Stat. § 441.043.2(3), .3 See Rent control and local rules on the Missouri page

Within 30 days after the date the tenancy terminates, you must either return the full deposit or give the tenant a written itemized list of the damages you are withholding for, together with the balance. Mailing the statement and any payment to the tenant's last known address meets this duty. If you wrongfully withhold any part of the deposit, the tenant recovers twice the amount wrongfully withheld.

Mo. Rev. Stat. § 535.300.3, .6

• You may withhold only amounts reasonably necessary to cover unpaid rent due under the rental agreement, to restore the unit to its condition at the start of the tenancy (ordinary wear and tear excepted), or to cover your actual damages when the tenant failed to give adequate notice to terminate, provided you make reasonable efforts to mitigate. Mo. Rev. Stat. § 535.300.4
• If the lease sets carpet cleaning amounts and also tells the tenant they may be liable for actual carpet cleaning costs beyond ordinary wear and tear, you may withhold the agreed amounts you actually spend on carpet cleaning and those excess actual costs; within 30 days after the tenancy ends, give the tenant a receipt for the actual carpet cleaning costs. Mo. Rev. Stat. § 535.300.4(2)
• Give the tenant reasonable written notice, at their last known address or in person, of the date and time of the move-out inspection, hold it at a reasonable time, and let the tenant attend. Mo. Rev. Stat. § 535.300.5
• You may still sue for actual damages beyond the deposit, and the tenant may not apply the deposit to rent in place of paying it. Mo. Rev. Stat. § 535.300.7

Hold every security deposit for the tenant in a bank, credit union or depository institution insured by an agency of the federal government. Any interest the deposit earns belongs to you. Missouri does not require you to pay interest to the tenant.

Mo. Rev. Stat. § 535.300.2

• A housing authority or other government landlord is not subject to this holding rule. Mo. Rev. Stat. § 535.300.2

Missouri does not require a move-in checklist or condition report. The deposit rule measures damage against the unit's condition at the start of the tenancy, so a dated record of that condition is your evidence if you later withhold for damage.

Mo. Rev. Stat. chapter 441 Mo. Rev. Stat. chapter 534 Mo. Rev. Stat. chapter 535

• Deductions for damage are limited to restoring the unit to its condition at the start of the tenancy, ordinary wear and tear excepted. Mo. Rev. Stat. § 535.300.4(2) See Returning the deposit on the Missouri page
• Make a room-by-room record while the unit is empty when practical: note existing marks, worn finishes, appliance condition and missing items, with dated overview and close-up photos. Give both sides a copy, record disagreements rather than leaving them blank, and keep later repair requests with the original record. At move-out, compare the same rooms and surfaces and keep any proposed charge tied to the documented change and actual work. A checklist does not turn ordinary wear into chargeable damage. Mo. Rev. Stat. § 535.300.4(2)