Legal Question in Landlord & Tenant Law in Missouri
I had a 12 month lease on a house with 3 other guys. I moved out with 3 or 4 months left on the lease. I continued to pay my portion of the rent until a new guy moved in in my place. I made the landlord aware of this and they were ok with it. The lease was up in June 09. I cannot get my landlord to give me my deposit back or even return my phone calls. The guys are still there. They have not signed a new lease and the new guy has not had to pay a security deposit. I have called every couple weeks to try and talk to the landlord and have gotten no response. There were no damages and nothing besides basic wear and tear to the house. I have also mailed a signed request for deposit letter to my landlord by certified mail which they would not sign for or accept so I had to go pick it up at the post office. Am I entitled to my deposit? What can I do to get my deposit back?
1 Answer from Attorneys
Yes you are entitled to your deposit as long as you complied with the requirements of the lease. Did your landlord put anything in writing as to your subleasing? In any event, a landlord in Missouri must return your deposit, or else give you an itemized list of damages for which the deposit was applied. Did the landlord do this? I send the landlord statutory notice that he/she must return the deposit, or submit an itemized billing, or else the landlord is liable for civil damages. If you have not sent a notice complying with RSMo, contact me. I handle many landlord/tenant matters.
Sean Santoro/Licensed in KS and MO
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