Is your Kansas City landlord withholding your security deposit? Here’s how to get it back
If you rent your home in Kansas City, you probably had to pay a security deposit when you moved in. This amount is typically the same as one month’s rent, but Missouri law states that the amount can be up to two months’ rent.
That can be a lot of money for some families, so getting the deposit back when you move out is an important right for renters.
Here’s what to know about security deposits and what rights a renter has under state and local laws.
What does Missouri law say about security deposits?
Missouri statute requires landlords to keep their tenants’ security deposits in an insured agency like a bank during the lease period — and allows them to collect any interest accrued on that money.
Landlords are then allowed to keep a portion of security deposits to cover damages or other expenses after the tenant moves out. State law gives a few examples of when they can do so:
To make up for unpaid rent during the lease period
To cover the cost of repairs for damage beyond “ordinary wear and tear”
To cover the cost of carpet cleaning, as long as the tenant agrees in advance to this cost and to potential additional cleaning costs if the carpet is seriously damaged
To make up for money the landlord loses due to the tenant not giving them sufficient notice that they are moving out
Landlords are also allowed to charge tenants for damages beyond the security deposit amount, but have to notify the tenant when they plan to inspect the unit for damages. The tenant also has the right to be present during the inspection.
What happens if a landlord withholds some or all of my security deposit?
If a landlord withholds money from a renter’s security deposit, they are required to provide an itemized list of the damages causing this money to be withheld.
If they withhold some or all of the security deposit unlawfully, the tenant is allowed to “recover as damages twice the amount wrongfully withheld,” according to state law. This right is also reaffirmed in Kansas City’s Tenants’ Bill of Rights.
For example, if a landlord keeps $500 of a tenant’s deposit money without providing an explanation for how it’s spent, or uses it to repair “ordinary wear and tear,” the tenant is entitled to double the withheld amount, or $1,000.
If you think your landlord is violating the law, you can contact the city’s tenant advocate, Tiffany Drummer, by emailing tiffany.drummer@kcmo.org or calling 816-513-3026.
You can also fill out the city’s Rental Property Tenant Complaint Form online.
What other rights do tenants have in Kansas City?
Passed in 2019, the Tenants’ Bill of Rights reaffirms the tenant rights that already exist at the state level, and expresses the city’s support for future local, state and federal policies that protect renters.
That means tenants in Kansas City don’t actually have any rights beyond those in the rest of Missouri. But these existing protections include a few you may not have heard of:
If a landlord does not fix a serious health or safety hazard in their unit, the tenant can spend up to half a month’s rent fixing it themselves and withhold that amount from their rent payment as long as they give the landlord two weeks’ notice and provide receipts for the repair costs.
Landlords cannot retaliate against tenants for reporting building or housing code violations to them or to code enforcement agencies.
Any tenant who terminates their lease can’t be asked to pay rent past the end of the month in which they terminate it. And their landlord has to give them back their security deposit, unless their lease says otherwise.
Landlords can’t retaliate against tenants for their membership in a tenants’ union.
Do you have other questions about tenants’ rights in Kansas City? Ask the Service Journalism team at kcq@kcstar.com.
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