V.A.M.S. §535.300. Security deposits, limitation--return
of deposit or notice of damages, when--withholding deposit, when--tenant's
right to damages--security deposit defined
1. A landlord may not demand or receive a security deposit in excess of two
months' rent.
2. 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 landlord shall have complied with this subsection by
mailing such statement and any payment to the last known address of the tenant.
3. The landlord may withhold from the security deposit only such amounts as are
reasonably necessary for the following reasons:
(1) To remedy a tenant's default in the payment of rent due to the landlord,
pursuant to the rental agreement;
(2) To restore the dwelling unit to its condition at the commencement of the
tenancy, ordinary wear and tear excepted; or
(3) To compensate the landlord for actual damages sustained as a result of the
tenant's failure to give adequate notice to terminate the tenancy pursuant to
law or the rental agreement; provided that the landlord makes reasonable
efforts to mitigate damages.
4. 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.
5. If the landlord wrongfully withholds all or any portion of the security
deposit in violation of this section, the tenant shall recover as damages not
more than twice the amount wrongfully withheld.
6. Nothing in this section shall be construed to limit the right of the
landlord to recover actual damages in excess of the security deposit, or to
permit a tenant to apply or deduct any portion of the security deposit at any
time in lieu of payment of rent.
7. As used in this section, the term "security deposit" means any
deposit of money or property, however denominated, which is furnished by a
tenant to a landlord to secure the performance of any part of the rental agreement,
including damages to the dwelling unit. This term does not include any money or
property denominated as a deposit for a pet on the premises.