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Security Deposits Please note - this document is for informational purposes only, and does not constitute legal advice. If you feel you are in need of legal advice, please contact an attorney.What is a security deposit? A security deposit is an amount of money the landlord requires before he lets a tenant move in. He will hold your money until you move out. If you don't damage the apartment, you will get all of your money back. If you damage the apartment, the landlord will use money from your security deposit to repair the damage you caused. The landlord may also charge you money in addition to the security deposit when you move out, if the security deposit does not cover the cost of the damage you did to the apartment. This does not include money paid to keep pets in the apartment. How much deposit money can the landlord ask for? The landlord can legally ask for the equivalent of two months' rent for a deposit, although normally it is equal to only one month's rent. You cannot be required to pay an extra deposit for things like keys to your apartment. People using Section 8 vouchers or certificates must still pay the security deposit. Make sure you keep a receipt so that you may get your deposit back when you move out. If at all possible, you should write a check rather than paying cash. Write "For Security Deposit" on the memo line at the bottom of your check. When do I get my deposit back? The landlord must either return your deposit or give you a list of damage to the apartment within 30 days of you moving out. The landlord only has to mail the check to the last known address of the tenant, so make sure you give your forwarding address to the landlord. Can the landlord keep my security deposit? The landlord may only keep your security deposit for three things: The landlord must inspect the apartment within a reasonable time after you move out. You have a right to be present at the inspection. What does "ordinary wear and tear" mean? The landlord must return all of your deposit unless there is damage to the apartment. The landlord may keep some or all of your deposit to pay for damage to the apartment that you caused. The landlord must send you a letter with a list of the damages he is charging you for, and how much each one costs to repair. The landlord may not charge you for normal wear and tear on the apartment - for example, worn out carpet, appliances that break because they are old, or chipping paint. However, damage above and beyond normal wear and tear can be charged to the tenant - for example, if you punched a hole in the wall or your dog chewed a hole in the carpet. Can the landlord keep my security deposit for unpaid rent? The landlord may only keep your deposit for unpaid rent anytime you fall behind in rent. Can I get interest on my security deposit? In Missouri, there are no laws that explicitly provide for a tenant to get interest on his or her security deposit. What if the landlord refuses to return my deposit? Make sure you ask for your deposit in writing. Be sure to include a forwarding address you would like the check mailed to. Explain that there was no damage to the apartment and therefore you are legally entitled to the return of your deposit within 30 days. Keep a copy of the letter. If the landlord still does not return your security deposit, you may sue in small claims court. (Click here for sample letter) Where do I sue for my security deposit? If the landlord refuses to return your security deposit after you have asked for it in writing, you may sue the landlord in small claims court. You do not need an attorney to do this - you may represent yourself in court. You will need to file a complaint in the court that is in the county in which the property was located. For example, if your apartment was in St. Louis City, you will need to file in the St. Louis City courthouse (which is downtown at 10 North Tucker). If the apartment was in St. Louis County, you will need to file in the county courthouse, which is in Clayton. Some useful numbers: St. Louis City St. Louis County City Clerk (Civil) General Info: 622-4433 General Information: 889-3029 Central File Room: 622-4405 Central File Room: 889-3034 Small Claims Court: 622-4434 Small Claims Court: 889-3091 What can I sue for? You should ask for double your deposit, plus filing fees or costs. In Missouri, if a landlord illegally withholds your deposit, you may sue the landlord for double the security deposit. What is a counterclaim? The landlord may file a counterclaim saying that you owe him or her money. For example, the landlord may say that you did $1000 in damage to the apartment, and that your security deposit only covered $500. The landlord will claim that he or she should be able to keep your security deposit and you should pay him/her another $500 to cover the rest of the damages. The judge will hear your claim and the landlord's counterclaim at the same time. How should I prepare for court? Collect your evidence and have it neatly organized. Evidence includes any written documentation that you can find -your lease, receipts from your rent payments and from your security deposit, cancelled checks from paying your rent or your deposit, copies of letters you wrote to the landlord, letters the landlord wrote to you, your move-in or move-out sheet which itemized damage to the apartment, any documentation from city building inspectors, etc. If in doubt, bring it! It is much better to have the paperwork with you in court to prove your point. The judge will not wait for you to go home to find your paperwork - have it with you! Bring witnesses - people who saw the condition of the apartment before or when you moved in and when you moved out. These people can testify (tell the judge) that you took good care of the place. What is a settlement? A settlement is an agreement between you and the landlord to end the lawsuit. A compromise is often the best solution. Even if you win in court, you may have a hard time collecting the money the judge says the landlord owes you. You might be better off to agree to a smaller amount if the landlord will pay you right away. If you and the landlord agree to a compromise, make sure you write down what you each agree to, and both of you should sign the agreement. Take the agreement to the hearing and have the court approve it. What should I do the next time I rent? . Before you move in, do an inspection with the landlord. Write down any problems with
the apartment - anything that is damaged or dirty. Both you and the landlord should sign
the list. Ask the landlord to make all needed repairs prior to your moving in, if
possible. You may want to take pictures of anything in disrepair when you move in (to
prove it was damaged Give proper written notice before you move out. You should send the landlord written notice that you are moving at least one rental period (usually 30 days) before you plan to move out, or as required by the lease. When you move out, do a move-out inspection (preferably with the landlord). Note all damage and whether the apartment was dirty or clean. Have the landlord sign the list - this will give you proof that you left the apartment in good condition and clean. Be sure to return all keys (get a receipt) and leave the apartment clean (no debris or garbage left in the apartment, vacuum, and do general cleaning). Give the landlord your forwarding address so the landlord knows where to send the deposit check. You may want to take pictures of how clean you left the apartment. Have a witness look at the apartment as you leave. What if my landlord sells the building? If the landlord sells the building or if the landlord defaults on his mortgage and his property is foreclosed, there is no need to get the security deposit back immediately if you decide to remain in the unit. If you decide to move or receive a notice to vacate, you will want to ask for your deposit money from the current landlord. Upon the sale of the property, the new landlord should have had all rents, contracts, and monies (including deposits) assigned to him or her; if the landlord did not do this, he cannot turn around and say that because he never got anything from the old landlord, he has no obligation to return your deposit. Send a letter to your landlord asking for the return of your deposit. What if my landlord and I agree I can break my lease early? Can I still get my deposit back? Yes. As long as you and your landlord agree that you may break the lease, then that is a modification to the lease and you are entitled to your security deposit. However, you should get the agreement in writing, because a verbal agreement is hard to prove in court. Sometimes tenants agree to forfeit the security deposit in their leases if they move out early; check your lease to see if you agreed to this. |
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Last modified: May 25, 1999 |
