Almost every landlord requires tenants to put down a security deposit, which should be returned when you move out if the property is undamaged. While landlords do have some discretion when deciding whether to keep a portion of your deposit, they do have to comply with state laws and local regulations. If your landlord refuses to return your security deposit, a lawyer may be able to help recover the funds you’re owed.

A Brief Guide to Security Deposits

What Is a Security Deposit?

Security deposits protect the landlord from the financial costs of tenants who leave their property damaged or excessively dirty. These funds should be kept in an escrow account separate from the landlord’s other funds. If the rental unit is left in good condition with only normal wear and tear, the full amount will be returned. Otherwise, the landlord may be legally entitled to deduct the cost of cleaning and repairs from the deposit.

What Can Be Deducted From a Security Deposit?

Landlords may keep the deposit to cover the cost of repairs, clean excessively dirty areas, or lost rent if the tenant moved out without proper notice. Holes in walls or cigarette burns in the carpet may warrant keeping a portion of the deposit. However, small carpet stains or faded paint are considered normal wear and tear, which is the landlord’s responsibility.

What if the Landlord Refuses to Return a Security Deposit?

Tenant’s rights vary from state to state, so speak to a local lawyer if your landlord refuses to return your security deposit. In Missouri, property owners are required to send back the deposit within 30 days, along with an itemized list of any damage that needed to be repaired. If they fail to do so, your lawyer may be able to sue the landlord for twice the unlawfully held amount.

If your landlord refuses to respect your rights, the Woodlawn Law Offices will provide the legal insight and representation you need. Their lawyer has been protecting the rights of O’Fallon, MO, renters for over 25 years, providing individual service and prompt resolution to even the most difficult legal disputes. Visit their website for more on their real estate law services, or call (636) 240-6667 to speak with an experienced lawyer today.