SECURITY DEPOSIT ITEMIZATION AND RETURN LETTER

(Missouri – Mo. Rev. Stat. § 535.300 Compliance)

[// GUIDANCE: This template is intentionally comprehensive to accommodate a wide variety of leasing situations and client risk profiles. Omit or tailor any provisions that are unnecessary for a routine residential matter.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1.1 Title. Security Deposit Itemization and Return Letter (“Letter”).

1.2 Parties.
 (a) Landlord: [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE] with a principal business address at [ADDRESS] (“Landlord”).
 (b) Tenant: [TENANT LEGAL NAME(S)] with a last-known mailing address at [ADDRESS] (“Tenant”).

1.3 Lease Reference. That certain Residential Lease Agreement dated [LEASE DATE] between Landlord and Tenant for the premises known as [PREMISES ADDRESS] (“Lease”).

1.4 Effective Date. This Letter is effective as of the earlier of (i) the date set forth below next to Landlord’s signature or (ii) the date of mailing.

1.5 Governing Law & Venue. This Letter shall be governed by and construed in accordance with the Missouri Landlord-Tenant Act and related common law; exclusive venue lies in the [COUNTY] Housing Court of the State of Missouri.

II. DEFINITIONS

Capitalized terms used but not defined in this Letter have the meanings assigned in the Lease. The following additional terms apply:

“Allowable Deduction” means any amount that Mo. Rev. Stat. § 535.300 authorizes a landlord to withhold from a security deposit, including unpaid rent, actual cost of repairing damage beyond ordinary wear and tear, and reasonable cleaning charges to restore the Premises to its condition at commencement, less ordinary wear.

“Deposit” means the security deposit in the original amount of $[AMOUNT] paid by Tenant pursuant to Section [X] of the Lease.

“Termination Date” means [DATE TENANCY ENDED], the date Tenant surrendered possession of the Premises.

III. OPERATIVE PROVISIONS

3.1 Statutory Deadline Compliance. Pursuant to Mo. Rev. Stat. § 535.300(2), this Letter is provided within thirty (30) days after the Termination Date.

3.2 Itemization of Deposit Disposition.

3.3 Refund Calculation.

Deposit Received: $[ORIGINAL DEPOSIT]
Less Total Allowable Deductions: ($[____])

Net Amount Due to Tenant: $[____]

3.4 Payment. Enclosed please find Landlord’s check #[_] in the amount of $[_] representing the balance of the Deposit. If the deductions exceed the Deposit, Tenant shall remit the outstanding balance of $[____] within ten (10) days of receipt of this Letter.

3.5 Delivery Method. This Letter and any enclosed payment are being sent via [CERTIFIED MAIL / OTHER TRACKABLE METHOD], return receipt requested, to Tenant’s last-known address listed above.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord represents that:
 (a) The foregoing itemization is true, correct, and complete to the best of Landlord’s knowledge; and
 (b) All deductions are Allowable Deductions actually incurred or reasonably estimated in good faith.

4.2 Survival. The representations in Section 4.1 survive delivery of this Letter.

V. COVENANTS & RESTRICTIONS

5.1 Tenant Objection Period. Tenant shall notify Landlord in writing of any dispute regarding the deductions within fifteen (15) calendar days after receipt of this Letter (“Objection Period”).

5.2 Supporting Documentation. Upon written request during the Objection Period, Landlord shall provide copies of invoices, receipts, or estimates substantiating the deductions.

5.3 No Assignment. Tenant may not assign any claim arising under this Letter without Landlord’s prior written consent.

VI. DEFAULT & REMEDIES

6.1 Tenant Default. Failure to pay any amount due under Section 3.4 within the Objection Period constitutes a default.

6.2 Landlord Remedies. Upon Tenant default, Landlord may pursue all remedies available at law or in equity, including but not limited to money damages, reasonable attorney’s fees, and court costs.

6.3 Tenant Remedies. If Landlord has wrongfully withheld any portion of the Deposit, Tenant’s exclusive statutory remedy is as set forth in Mo. Rev. Stat. § 535.300(5) (up to twice the amount wrongfully withheld plus reasonable attorney’s fees).

VII. RISK ALLOCATION

[// GUIDANCE: Indemnification is intentionally omitted per user metadata (“not_applicable”).]

7.1 Limitation of Liability. Notwithstanding anything to the contrary, neither party shall be liable for consequential, incidental, special, or punitive damages, except as expressly provided by Mo. Rev. Stat. § 535.300.

7.2 Force Majeure. Neither party is liable for non-performance caused by events beyond its reasonable control (e.g., natural disasters, governmental acts, or labor disputes) that delay mailing or delivery of this Letter or payment.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. Missouri law governs all disputes arising out of or related to this Letter.

8.2 Forum Selection. The parties submit to the exclusive jurisdiction of the [COUNTY] Housing Court, State of Missouri.

8.3 Arbitration. The parties expressly exclude arbitration.

8.4 Jury Trial. Each party retains its constitutional right to a trial by jury.

8.5 Injunctive Relief. The parties agree that money damages provide an adequate remedy; injunctive relief is unavailable.

IX. GENERAL PROVISIONS

9.1 Entire Agreement. This Letter constitutes the entire agreement regarding the disposition of the Deposit and supersedes all prior or contemporaneous communications on that subject.

9.2 Amendments & Waivers. Any amendment or waiver must be in a signed writing. No waiver shall be implied by delay or omission.

9.3 Severability. If any provision of this Letter is held unenforceable, the remaining provisions remain in full force and effect.

9.4 Counterparts; Electronic Signatures. This Letter may be executed in counterparts, each of which is deemed an original. Facsimile and electronic signatures are binding.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, Landlord has executed and delivered this Letter as of the Effective Date.

[// GUIDANCE: Tenant signature is optional under Missouri law; include only if the parties desire written acknowledgment.]

ENCLOSURE: Check #[_] in the amount of $[_]

[// GUIDANCE: Retain proof of mailing (certified mail receipt) for not less than five (5) years to defend against any claim of improper deposit withholding.]