SECURITY DEPOSIT DEMAND LETTER
STATE OF MISSOURI
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[DATE]
[LANDLORD/PROPERTY MANAGER NAME]
[LANDLORD/PROPERTY MANAGER ADDRESS]
[CITY, STATE ZIP]
Re: DEMAND FOR RETURN OF SECURITY DEPOSIT
Former Tenant: [TENANT FULL NAME]
Rental Property Address: [RENTAL ADDRESS]
Lease Start Date: [DATE]
Move-Out Date: [DATE]
Security Deposit Amount: $[AMOUNT]
Dear [LANDLORD/PROPERTY MANAGER NAME]:
This law firm represents [TENANT FULL NAME] ("Tenant" or "Client") regarding your failure to return the security deposit for the above-referenced rental property in accordance with Missouri law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable damages and attorney's fees.
I. MISSOURI LEGAL FRAMEWORK
A. Governing Law
Security deposits in Missouri are governed by Mo. Rev. Stat. Section 535.300.
B. Security Deposit Limits
Under Mo. Rev. Stat. Section 535.300(1), a landlord may not demand or receive a security deposit in excess of two months' rent. If you collected a deposit exceeding this amount, you have violated Missouri law.
C. Return Deadline
Pursuant to Mo. Rev. Stat. Section 535.300(3), a landlord must return the security deposit within thirty (30) days after:
1. Termination of the tenancy; AND
2. Delivery of possession by the tenant
The deposit must be returned with an itemized statement accounting for any amounts withheld.
D. Itemization Requirements
Under Mo. Rev. Stat. Section 535.300(3), the landlord must provide:
- An itemized list of deductions
- The specific amounts claimed for each deduction
- The itemization must be sent within 30 days
E. Permissible Deductions
Under Mo. Rev. Stat. Section 535.300(2), a landlord may retain from the security deposit only amounts necessary to:
- Pay unpaid rent
- Compensate for damages beyond normal wear and tear
- Other amounts lawfully due under the rental agreement
F. Prohibited Deductions
The landlord may NOT deduct for:
- Normal wear and tear
- Conditions existing prior to tenant's occupancy
- Conditions resulting from landlord's failure to maintain premises
- Routine cleaning and repainting between tenancies
II. FACTUAL BACKGROUND
A. Tenancy Information
| Item | Details |
|---|---|
| Tenant Name(s) | [FULL NAME(S) OF ALL TENANTS] |
| Property Address | [COMPLETE ADDRESS] |
| Lease Commencement | [DATE] |
| Lease Expiration/Move-Out | [DATE] |
| Monthly Rent | $[AMOUNT] |
| Security Deposit Paid | $[AMOUNT] |
| Date Deposit Paid | [DATE] |
| Pet Deposit (if applicable) | $[AMOUNT] |
| Total Deposits Paid | $[TOTAL] |
B. Move-Out Circumstances
Notice Provided:
- Date Notice Given: [DATE]
- Notice Period: [NUMBER] days
- Method of Delivery: [ ] Hand-delivered [ ] Certified mail [ ] Email
Move-Out Details:
- Date Keys Returned: [DATE]
- Forwarding Address Provided: [ ] Yes [ ] No
- Date Forwarding Address Provided: [DATE]
- Move-Out Inspection: [ ] Requested [ ] Conducted [ ] Refused by Landlord [ ] Not offered
C. Condition of Premises at Move-Out
Our Client left the premises in the following condition:
[ ] Clean and in good repair - The premises were left in substantially the same condition as when our Client took possession, reasonable wear and tear excepted.
[ ] Professionally cleaned - Our Client hired [CLEANING COMPANY NAME] to professionally clean the premises on [DATE].
[ ] All personal property removed - All of our Client's personal belongings were removed from the premises.
[ ] No damage beyond normal wear and tear - Any changes to the premises were the result of normal, expected use during the tenancy.
[ ] Move-in/Move-out photos - Our Client has photographic documentation of the condition of the premises at both move-in and move-out.
III. LANDLORD'S VIOLATIONS
You have violated Missouri law in the following ways:
[ ] Failure to Return Deposit: You have failed to return any portion of the security deposit within the statutory 30-day period required under Mo. Rev. Stat. Section 535.300(3).
[ ] Failure to Provide Itemization: You have failed to provide a written, itemized statement of deductions within the statutory period.
[ ] Excessive Security Deposit: You collected a security deposit exceeding two months' rent in violation of Mo. Rev. Stat. Section 535.300(1).
[ ] Improper Deductions: You have made deductions that are not permitted by law, including:
- [ ] Deductions for normal wear and tear
- [ ] Deductions for pre-existing conditions
- [ ] Deductions exceeding actual cost of repairs
- [ ] Other improper deductions: [SPECIFY]
[ ] Bad Faith Retention: You have retained the deposit in bad faith, as evidenced by: [DESCRIBE EVIDENCE OF BAD FAITH]
IV. NORMAL WEAR AND TEAR
Missouri law distinguishes between "damage" for which a tenant may be charged and "normal wear and tear" for which a tenant may not be charged. Normal wear and tear includes deterioration that results from the intended use of the premises and ordinary operation of natural forces over time.
The following items, if deducted, constitute normal wear and tear and are NOT permissible deductions:
[ ] Minor scuff marks on walls from furniture
[ ] Small nail holes from hanging pictures
[ ] Worn carpet in traffic areas
[ ] Faded paint or wallpaper
[ ] Minor scratches on hardwood floors
[ ] Worn finish on bathroom fixtures
[ ] Slightly dirty mini-blinds
[ ] Dust or minor dirt requiring standard turnover cleaning
[ ] Worn door handles or locks
[ ] Other: [SPECIFY]
V. DAMAGES AND REMEDIES
A. Return of Security Deposit
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Pet Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Total Deposits Due | $[AMOUNT] |
B. Statutory Remedies
Under Mo. Rev. Stat. Section 535.300(6), if a landlord wrongfully withholds the security deposit:
- The tenant may recover up to twice the amount wrongfully withheld
- The tenant may recover reasonable attorney's fees
C. Attorney's Fees and Costs
Under Mo. Rev. Stat. Section 535.300(6), our Client is entitled to recover reasonable attorney's fees and costs incurred in pursuing this claim.
D. Total Demand
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Statutory Penalty (up to 2x wrongfully withheld) | $[AMOUNT] |
| Attorney's Fees to Date | $[AMOUNT] |
| TOTAL DEMAND | $[AMOUNT] |
VI. EVIDENCE IN OUR POSSESSION
Our Client has preserved the following evidence to support this claim:
[ ] Original lease agreement
[ ] Receipt or cancelled check for security deposit payment
[ ] Move-in inspection report/checklist
[ ] Move-out inspection report/checklist (if conducted)
[ ] Photographs of premises at move-in (dated)
[ ] Photographs of premises at move-out (dated)
[ ] Video walkthrough at move-out
[ ] Copy of written notice to vacate
[ ] Proof of delivery of notice and forwarding address
[ ] Receipts for professional cleaning
[ ] Correspondence with landlord regarding deposit
[ ] Landlord's itemized statement (if provided)
[ ] Witness statements regarding condition of premises
[ ] Utility final bills showing service through move-out date
[ ] Other: [SPECIFY]
VII. DEMAND
We hereby demand that you take the following actions within fourteen (14) days of the date of this letter:
-
Return of Deposit: Pay to our Client the full amount of the security deposit: $[AMOUNT]
-
Total Payment: The total amount due is $[TOTAL AMOUNT]
Payment should be made by certified check or money order, payable to [TENANT NAME], and sent to:
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Reference: [TENANT NAME] Security Deposit
VIII. CONSEQUENCES OF NON-COMPLIANCE
If you fail to comply with this demand within the time specified, we are authorized and prepared to:
-
File Suit: Commence legal action in Missouri Small Claims Court (for claims up to $5,000) or Circuit Court for return of the deposit, up to twice the amount wrongfully withheld, attorney's fees, and costs.
-
Seek Double Damages: Request the court award up to twice the amount wrongfully withheld pursuant to Mo. Rev. Stat. Section 535.300(6).
-
Seek Attorney's Fees: Request the court award reasonable attorney's fees pursuant to Mo. Rev. Stat. Section 535.300(6).
-
Report Violations: Report your conduct to:
- Missouri Attorney General - Consumer Protection Division
- Local Housing Authority
- Better Business Bureau -
Judgment Enforcement: Upon obtaining judgment, pursue all legal means of collection, including garnishment, levy, and lien on property.
IX. RESPONSE REQUESTED
Please respond to this demand in writing within fourteen (14) days. Your response should include:
- Your position on the amount owed to our Client
- Any documentation supporting claimed deductions
- Payment or a good-faith settlement offer
If we do not receive a satisfactory response, we will file suit without further notice.
X. RESERVATION OF RIGHTS
This letter is written without prejudice to any and all rights and remedies available to our Client under applicable law, all of which are expressly reserved. Our Client does not waive any claims, defenses, or rights by sending this letter or by any subsequent negotiations.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
[MISSOURI BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [TENANT FULL NAME]
ENCLOSURES:
[ ] Copy of lease agreement
[ ] Copy of security deposit receipt
[ ] Move-in/move-out photographs
[ ] Copy of notice to vacate
[ ] Copy of forwarding address notification
[ ] Copy of landlord's itemization (if any)
[ ] Cleaning receipts
[ ] Authorization to represent
cc: [TENANT NAME]
[PROPERTY MANAGEMENT COMPANY, if applicable]
[PROPERTY OWNER, if different from addressee]
[CLIENT FILE]
MISSOURI SECURITY DEPOSIT QUICK REFERENCE
| Element | Missouri Requirement |
|---|---|
| Governing Statute | Mo. Rev. Stat. Section 535.300 |
| Deposit Limit | 2 months' rent |
| Return Deadline | 30 days |
| Itemization Required | Yes |
| Receipt Required | No |
| Interest Required | No |
| Separate Account Required | No |
| Penalty for Violation | Up to 2x wrongfully withheld + attorney's fees |
| Attorney's Fees | Yes - Mo. Rev. Stat. Section 535.300(6) |
| Small Claims Limit | $5,000 |
MISSOURI-SPECIFIC PRACTICE NOTES
[ ] 30-Day Deadline: Missouri's 30-day deadline is strictly enforced. Document the date of termination and key return carefully.
[ ] Double Damages: Missouri allows recovery of up to twice the amount wrongfully withheld, making documentation of improper deductions important.
[ ] Two-Month Limit: Missouri caps security deposits at two months' rent. Verify the deposit collected did not exceed this limit.
[ ] Itemization Required: The landlord must provide a written itemized list of deductions within 30 days.
[ ] Small Claims Court: For claims up to $5,000, file in Missouri Small Claims Court. For larger amounts, file in Circuit Court.
[ ] Kansas City/St. Louis: Kansas City and St. Louis may have additional local tenant protections. Check local ordinances.
[ ] Forwarding Address: Tenant should provide forwarding address in writing.
This template is for informational purposes only and does not constitute legal advice. Security deposit laws may vary by locality. Consult a licensed Missouri attorney before use.