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When are security deposits due back in Missouri? Within 30 days after the tenancy ends. That deadline anchors Mo. Rev. Stat. § 535.300, the one statute that governs deposits statewide, and the rest of its rules are just as concrete:
- The deposit is capped at two months’ rent. Pet deposits sit outside the cap.
- Within 30 days of the end of the tenancy, you either return the full deposit or mail a written, itemized list of damages along with whatever remains.
- The deposit must be held in a federally insured bank, credit union, or depository institution, and any interest it earns belongs to the landlord.
- You must give the resident written notice of the move-out inspection, and they have the right to attend it.
- Money wrongfully withheld comes back to the resident doubled.
Every rule in this guide is checked against the current statute, last amended effective August 28, 2018, and still in force in 2026. To see how Missouri compares with stricter states, start with our guide to landlord-tenant laws by state.
How Much Can a Landlord Charge for a Security Deposit in Missouri?
Two months’ rent, and no more. Section 535.300.1 says a landlord “may not demand or receive a security deposit in excess of two months’ rent,” so a $1,200-a-month home can carry a deposit of up to $2,400.
What counts toward that cap comes down to the statute’s own definition, which looks past whatever label the lease puts on the money. A security deposit is any money or property furnished by a resident “to secure the performance of any part of the rental agreement,” however the lease denominates it. Call it a damage deposit, a move-in deposit, or a key deposit, and it is still security money subject to every rule in this article.
The definition carves out exactly one category by name. Money “denominated as a deposit for a pet” is not a security deposit under the statute, so a separate pet deposit sits outside the two-month cap. Older guides, including the article this one replaces, claim pet deposits count toward the maximum. The current definition in § 535.300.8 says they do not. The carve-out cuts both ways, though: because a pet deposit is not a “security deposit,” the statute’s return machinery does not govern it either, so spell out in the lease exactly how and when the pet deposit comes back.
The same logic answers the “non-refundable deposit” question. Writing non-refundable next to the word deposit does not free the money from the statute. If it secures the resident’s performance, it must be accounted for and returned like any other deposit. A genuine one-time fee is a different arrangement, and the lease needs to describe it as a fee, tied to what it actually pays for.
When Are Security Deposits Due Back in Missouri?
Within 30 days after the date the tenancy terminates. In that window, § 535.300.3 gives the landlord exactly two compliant moves:
- return the full amount of the security deposit, or
- furnish a written, itemized list of the damages for which any portion is withheld, along with the balance.
Mailing the statement and payment to the resident’s last known address satisfies the statute. That mechanic matters to both sides. The Missouri Attorney General’s landlord-tenant guide tells residents to hand over a forwarding address in writing at move-out, because without one the refund legally travels to the last address on file, which may be the empty rental itself. Landlords should keep proof of the mailing date. The envelope is your evidence that day 30 came and went with you on the right side of it.
If you manage homes in more than one state, deadlines range widely, and our guide to how long a landlord has to return a deposit compares them side by side.
Where Does the Deposit Have to Be Held, and Who Keeps the Interest?
In a bank, credit union, or depository institution insured by an agency of the federal government, held by the landlord for the resident. Section 535.300.2 sets the holding rule, and plenty of longtime landlords still run deposits through a personal account without realizing the statute speaks to it. Housing authorities and other government landlords are exempt.
The interest question has a landlord-friendly answer: any interest the deposit earns is the property of the landlord. Missouri requires no interest payments to residents and no annual accounting, only that the money sit in a federally insured institution until the tenancy ends.
What Can a Missouri Landlord Deduct From a Security Deposit?
Only three things. Section 535.300.4 says the landlord may withhold “only such amounts as are reasonably necessary” to:
- Cover unpaid rent owed under the rental agreement.
- Restore the unit to its move-in condition, ordinary wear and tear excepted.
- Recover actual damages from an early or unannounced departure, when the resident failed to give the notice the law or the lease requires. The landlord must make reasonable efforts to re-rent and mitigate the loss.
That word “only” makes the list exclusive. Charges outside it, whatever the lease says, cannot come out of the deposit.
Carpet cleaning gets its own clause in the statute. A lease may set carpet-cleaning amounts or fees, and the landlord can withhold what was actually spent, provided the lease also notified the resident that costs beyond ordinary wear and tear could be charged. There is a paperwork string attached: the landlord must give the resident a receipt for the actual carpet-cleaning costs within 30 days of the end of the tenancy.
The line between damage and ordinary wear and tear decides most deduction fights. Faded paint and carpet worn thin by feet are the cost of someone living in the home. Pet stains, wall holes, and broken fixtures are not. Our guide to normal wear and tear in a rental draws that line item by item, with useful-life math to back up a deduction that gets challenged.
The Move-Out Inspection Missouri Requires
Missouri writes the move-out inspection directly into its deposit statute, and it is not optional. Under § 535.300.5, the landlord must give the resident reasonable notice, in writing or in person, of the date and time of the inspection that will determine what gets withheld. The inspection must happen at a reasonable time, and the resident has the right to be present.
The article this one replaces claimed Missouri does not require a walkthrough with the resident. That is wrong, and it is the kind of error that costs money: a landlord who skips the notice and inspects alone walks into court having ignored a plain statutory duty, which makes every deduction on the itemized list easier to attack. The Attorney General’s guide states the resident’s right to attend in as many words.
Treat the requirement as a gift. An inspection with the resident standing next to you settles most disagreements on the spot, while the damage is visible and the conversation is easy. Our walkthrough of rental property inspections covers how to run one that holds up later.
What Happens If a Landlord Wrongfully Withholds a Deposit?
The resident recovers twice the amount wrongfully withheld under § 535.300.6. Note the measure: Missouri doubles the amount wrongfully withheld, not the whole deposit. Keep $800 you had no right to keep, and you owe $1,600, even if the rest of the deposit went back on time.
The doubling provision has edges. Missouri’s Court of Appeals held in PDQ Tower Services, Inc. v. Adams (2007) that it protects residential tenancies and does not reach commercial leases, a holding recorded in the annotations to § 535.300. And the deposit is no ceiling on what a landlord can recover: Section 535.300.7 preserves the right to sue for actual damages that exceed the deposit, so a trashed unit is not capped at two months’ rent just because the deposit was.
How Do You Return a Deposit Without a Dispute?
Deposit disputes are documentation contests, and the winning file is built long before move-out. The routine that keeps Missouri landlords out of court:
- Document move-in condition with dated photos and a signed condition report. Missouri does not require a move-in checklist, but the move-out deductions you can defend are the ones that trace back to one. Our rental walkthrough checklist makes the record easy to build.
- Send the inspection notice early. Put the date and time in writing, invite the resident, and keep a copy. The statute requires it, and attendance defuses disputes better than any letter.
- Itemize with real numbers. Attach invoices or estimates to every deduction, and remember the carpet-cleaning receipt has its own 30-day deadline.
- Mail by day 25, with proof. A certificate of mailing costs a couple of dollars and proves you beat the 30-day line even if the envelope wanders.
The same discipline pays off across the whole tenancy, and our guide to managing a rental property covers the record-keeping systems that make move-outs uneventful.
FAQ
Can a landlord charge a non-refundable security deposit in Missouri?
No. The statute defines a security deposit as any money held to secure the resident’s performance, “however denominated,” so labeling a deposit non-refundable does not exempt it from the two-month cap, the 30-day return rule, or the double-damages penalty. A true one-time fee for a specific service is different, and the lease must describe it as a fee, tied to what it actually pays for.
Do pet deposits count toward Missouri’s two-month deposit cap?
No. Section 535.300.8 expressly excludes money “denominated as a deposit for a pet” from the definition of a security deposit, so a separate pet deposit can be charged on top of two months’ rent. Because the statute does not govern pet deposits, the lease should state how and when that money is returned.
Can a resident use the security deposit as the last month’s rent?
No. Section 535.300.7 states that nothing in the statute permits a resident to apply the deposit in lieu of rent, and the Attorney General’s guide repeats the rule. A landlord who agrees in writing may allow it, but no landlord has to.
Does a Missouri landlord have to pay interest on a security deposit?
No. The deposit must be held in a federally insured bank, credit union, or depository institution, but any interest it earns belongs to the landlord. The resident gets back the deposit itself, minus lawful deductions.
Is a move-in inspection checklist required in Missouri?
No statute requires one. The inspection Missouri does require is the move-out inspection, with written notice of its date and time and the resident’s right to be present. A move-in checklist remains the smart play anyway, because it is the baseline every deduction gets measured against.
This article is general information, not legal advice. Laws change, and every situation is different. For guidance on a specific situation, talk to a Missouri-licensed attorney.
