Security Deposit Return Deadline

[cooper13]

Missouri

End our tenancy with our landlord and moved out 30 days ago. Per Missouri law the landlord is to return the deposit or send letter of what they are withholding within 30 days. Does that mean the landlord has to have the letter postmarked on or by the 30th day or do we as tenants have to receive the letter by the 30th day? Here is Missouri statute 535.300
Within thirty days after the date of termination of the tenancy, the landlord shall:
(1) Return the full amount of the security deposit; or
(2) Furnish to the tenant a written itemized list of the damages for which the security deposit or any portion thereof is withheld, along with the balance of the security deposit.


Also, per Missouri law the landlord was to notify us in writing or in person when they will inspect the property after termination of the agreement to determine what they will withhold. They did not do this. Does this mean they can not withhold anything from the security deposit and must return the entire deposit?

The landlord shall give the tenant or his representative reasonable notice in writing at his last known address or in person of the date and time when the landlord will inspect the dwelling unit following the termination of the rental agreement to determine the amount of the security deposit to be withheld, and the inspection shall be held at a reasonable time. The tenant shall have the right to be present at the inspection of the dwelling unit at the time and date scheduled by the landlord.

 

[adjusterjack]

Within thirty days after the date of termination of the tenancy, the landlord shall:
(1) Return the full amount of the security deposit; or
(2) Furnish to the tenant a written itemized list of the damages for which the security deposit or any portion thereof is withheld, along with the balance of the security deposit.

The next line in the statute is:

The landlord shall have complied with this subsection by mailing such statement and any payment to the last known address of the tenant.

I'd say that postmarked on the 30th day would be sufficient.

Does this mean they can not withhold anything from the security deposit and must return the entire deposit?

No. It means that if the LL wrongfully withholds it the statute gives you a remedy in court.

6. If the landlord wrongfully withholds all or any portion of the security deposit in violation of this section, the tenant shall recover as damages twice the amount wrongfully withheld.

https://law.justia.com/codes/missouri/2017/title-xxxvi/chapter-535/section-535.300/

 

[HRZ]

Caution , I'm not up on your lease or MO law but the date you vacate a rental is not always the lease termination date ...for example if the lease runs to the 30th and you leave on the 20th, absent formal surrender, the lease runs until the 30th.

I would agree that 30 days from postmark date is the likely date that counts, not when you got your mail.

But as a LL , just me, I'd be safe and mail it within 28-29 days of day you returned my keys or surrendered the unit...I'm not looking to debate days with a judge .

 

[Gail in Georgia]

Typically in court cases, it's the postmarked date. Once the landlord/management places this in the mail, they have no control on when the former tenant will receive this.

Gail

 

[cooper13]

Thank you all for your help. The lease termination date was August 22nd. We returned the keys to the landlord on this date. If law is 30 days from August 22nd that would have been this past Friday, Sept. 21st for the letter to be post marked. We still have not received any letter. What day (how long should we wait) do you recommend we send a demand letter to the landlord?

 

[STEPHAN]

How did you give your new address to the ll?

 

[cooper13]

We gave our new address in the Notice to vacate letter we sent by certified mail, which showed that they did pick up. Also, when we spoke a couple weeks before the end of our tenancy they confirmed the address. Here is the paragraph that was in the letter:

"After we have vacated and cleaned the premises, we will deliver the keys to you and sign any documentation necessary to process our security deposit. You can send our security deposit to the following forwarding address:"