Legal Question in Landlord & Tenant Law in Missouri
Security Deposit
I placed a $300.00 security deposit which $150.00 is non-refundable. I finally received my check 2 months after moving out.Without explanation the complex kept an $93.00, outside of the non refundable deposit. After several phone calls to the complex and well over 60 days, I did receive a statement of withheld charges--name removed--Gross Pot Rent $1.00 (?) not sure what that is, Carpet cleaning $80.00 and Drip pan replacement $12.00. My lease states $150.00 is non refundable as security for damages and performance of this lease--name removed--when quest apt management told me this is for Administrative fees). Apt Community may apply any part of secutiy deposit to cure any amounts, which may become due. Upon expiration of the term of this lease, provided resident has returned the leased premises to appt comm'ty clean, in good order and repair, and in as good condition as when received, ordinary wear and tear excluded, etc. They would charge me for carpet cleaning but not for painting. The apartment was in left in better order and cleaning than when I moved in, which I noted in my check in list. After many attempts to contact the owner, they have failed to return my call. Can they do this?
1 Answer from Attorneys
Re: Security Deposit
The landlord violated the statute if they did not send you an itemized statement within 30 days. You can and should sue in small claims court to get your full deposit back. I believe their policy of making $150 nonrefundable is probably consumer fraud because a deposit is inherently returnable, and that is essentially a fee, not a deposit.
You can find the deposit statute at http://www.moga.mo.gov/statutes/c500-599/5350000300.htm and you can find the rules for small claims court at www.courts.mo.gov.
Good luck.
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