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Landlord didn't return/respond to security deposit w/in 30 days

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teacher123

Junior Member
What is the name of your state (only U.S. law)? MO

My landlord told me on several occassions he would be returning my deposit. My lease was for 12 months, but said subsequently it wouldn't be a problem if I left early since I was buying a house. I gave him verbal notice at 60 days, written notice at 30 days.

MO requires landlord to return or provide an itemized deduction of deposit within 30 days.

When still hadn't heard from him on the 30th day, I called him several times. He sent me a text saying he would look at my file the next day, but he was sure there wouldn't be a problem. At the end of the next day, he sent me an email saying he had several personal issues that delayed response, however, I would be forfeiting my deposit for leaving 2 months before the lease was up.

Can I win at small claims court because he failed to respond within that 30 days? How rigid is the law on time frames?
 


Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? MO

My landlord told me on several occassions he would be returning my deposit. My lease was for 12 months, but said subsequently it wouldn't be a problem if I left early since I was buying a house. I gave him verbal notice at 60 days, written notice at 30 days.

MO requires landlord to return or provide an itemized deduction of deposit within 30 days.

When still hadn't heard from him on the 30th day, I called him several times. He sent me a text saying he would look at my file the next day, but he was sure there wouldn't be a problem. At the end of the next day, he sent me an email saying he had several personal issues that delayed response, however, I would be forfeiting my deposit for leaving 2 months before the lease was up.

Can I win at small claims court because he failed to respond within that 30 days? How rigid is the law on time frames?
I would sue him. Do you have any proof of the condition you left the place
? or that you had his permission to leave the lease early?
 

FarmerJ

Senior Member
review your states laws for landlord and tenant to first find out if LL must limit damage dep to actual physical damage or if they are allowed to add unpaid rents. If your LL didnt give you a letter saying they agreed to early termination can any one of your old nieghbors tell you when the unit was re rented ? reason being that if say new tenant took occupancy of the place a few days after you moved out then its not fair for LL to get paid 2x if the unit sat empty with out a letter from LL agreeing to early termination its a tough crap shoot as to how a court would decide it unless your states laws limit deposit money to physical damage.
 

sandyclaus

Senior Member
According to the Missouri Attorney General website (http://ago.mo.gov/publications/landlordtenant6.htm):

Under Missouri law, a landlord can only require a maximum two months' rent as a security deposit.

At the end of the lease, the landlord has 30 days to return the security deposit with an itemized list of damages for which any portion of the deposit is kept.

During that 30-day period, the landlord must notify the tenant of the time and date when the landlord plans to inspect the dwelling.

The tenant has the right to be present during the move-out inspection, which must be conducted at a reasonable time.

To avoid last-minute problems, tenants should ask the landlord in what condition he expects the unit to be left. Then allow plenty of time for cleaning.

The landlord may keep all or part of a deposit to pay for actual damages (not for normal wear and tear), unpaid rent, or lost rent due to the tenant moving out without adequate notice.

The tenant may not use the security deposit to pay the last month's rent.

Remember to give the landlord your forwarding address in writing. Otherwise, he may not be able to send your deposit.

If the landlord has wrongfully withheld all or part of a deposit, the tenant may sue to recover up to twice the amount wrongfully withheld.
While you may think that the LL acquiesced in allowing you terminate your lease early, unless they gave you a written release from your lease obligations, they can still legally hold you liable for any remaining rent balance until a replacement tenant is found or the end of the lease, whichever comes first.

It's quite possible that the LL withheld your full deposit amount towards the unpaid rent balance, but they still needed to notify you of that. If you do sue them, it's very likely that will be their argument, but again, they STILL needed to notify you of this fact.
 

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