Legal Question in Real Estate Law in Missouri

If you were evicted from an apartment in Missouri due to non-payment; does the landlord still have to notify you within 30 days that your security deposit is going towards back rent and will therefore not be given back to you.

My tenant was evicted last month because she owes over 2000 in back rent. I plan to keep her security and pet deposit to go towards the rent. Do I have to notify her that I will not be returning her deposits?

Asked on 7/09/13, 6:09 pm

1 Answer from Attorneys

Anthony Smith LawSmith

In the Order of Eviction with the Court, the issue of the deposit should have been addressed. If it wasn't, you may have to return the money. If your lease contains the infamous "Deposit cannot be used for last months rent" clause, your claim to the money is even weaker. What is the harm in sending the letter. At least you're putting her on notice. If she sues you, you can claim the past due rent as a counterclaim or offset. You should talk to the attorney that handled the eviction for you. Ask if the deposit was addressed in the Judgment.

Good luck

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Answered on 7/10/13, 7:56 am

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