Legal Question in Landlord & Tenant Law in Missouri
A friend is moving to Kansas City and sent an application, credit check fee and a sec deposit to a rental property. Is it legal for a landlord to keep the deposit if his application was not approved?
1 Answer from Attorneys
A landlord may charge a nominal application fee to run a security check on a prospective new tenant, but a landlord cannot wrongfully retain a security deposit. In Missouri, a landlord must return a security deposit in full or provide written proof of damages resulting in the retention of the deposit. Since your friend did not move in, I assume he damaged nothing in his brief visit to the property. If a landlord fails to return a security deposit, he/she is liable for damages. Feel free to contact me if your friend does not get their deposit back.
Sean Santoro/Licensed in KS and MO
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