What You Can Deduct From a Security Deposit in Missouri (and How to Document It)
Landlords in Missouri must follow specific rules to deduct from a security deposit, including normal wear and tear. Proper documentation is crucial for defensibility.
Permitting, Zoning, or Statutory Basis
Under Missouri law, landlords are governed by the Missouri Residential Landlord and Tenant Act (R.L.T.A.), which outlines the rights and responsibilities of both landlords and tenants. Specifically, Section 407.150 provides guidelines on security deposits, including what can be deducted.
Lease Clauses, Notice Periods, and Timing Requirements
To legally deduct from a security deposit in Missouri, landlords must include specific clauses in the lease agreement. These clauses should outline what can be deducted and how it will be calculated. Additionally, landlords must provide tenants with a notice of the deductions within a reasonable time frame after moving out.
Defensible Record-Keeping & Compliance Checklist
To ensure compliance and maintain defensibility, landlords should follow these steps:
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Document the Condition: Before moving in, thoroughly document the condition of the property using photos or a written checklist. This will serve as evidence of normal wear and tear.
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Create a Deduction List: Keep a detailed list of all deductions, including the date and description of each charge. This should be kept in a secure location.
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Notify the Tenant: Provide tenants with a notice of deductions within 14 days after moving out. The notice should clearly state the amount deducted and a detailed explanation of each charge.
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Keep Receipts: Retain all receipts and invoices related to deductions for at least one year.
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Return the Deposit: If no deductions are made, return the full security deposit within 30 days of receiving the notice. If deductions are made, return the remaining balance within 30 days.
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Review and Audit: Regularly review and audit your records to ensure compliance with Missouri law.
Conclusion
Landlords in Missouri must adhere to strict guidelines when deducting from a security deposit. By following the steps outlined above and maintaining proper documentation, landlords can ensure their actions are legal and defensible.
For more information on landlord rights and responsibilities in Missouri, refer to the Missouri Residential Landlord and Tenant Act.
This guide provides a comprehensive overview of what landlords can deduct from a security deposit in Missouri and the importance of proper documentation. By following these guidelines, landlords can avoid legal disputes and maintain a positive relationship with their tenants.