Legal Question in Landlord & Tenant Law in Missouri

A friend is moving to Kansas City and sent an application, credit check fee and a sec deposit to a rental property. Is it legal for a landlord to keep the deposit if his application was not approved?


Asked on 2/18/10, 7:08 am

1 Answer from Attorneys

Sean Santoro Santoro Law Office

A landlord may charge a nominal application fee to run a security check on a prospective new tenant, but a landlord cannot wrongfully retain a security deposit. In Missouri, a landlord must return a security deposit in full or provide written proof of damages resulting in the retention of the deposit. Since your friend did not move in, I assume he damaged nothing in his brief visit to the property. If a landlord fails to return a security deposit, he/she is liable for damages. Feel free to contact me if your friend does not get their deposit back.

Sean Santoro/Licensed in KS and MO

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Answered on 2/23/10, 8:31 am


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