Legal Question in Landlord & Tenant Law in Missouri

Re: Unreasonable charges to clean rental

Generally, the collection agency has some discretion in what they can accept as full payment. If you make a firm offer to pay everything but the $800 (or some portion of the $800, as it is unlikely you would have received your entire security deposit back as some cleaning charges are normal) it is likely that the collection agency will agree to the amount. I would not agree to pay interest or attorney's fees - just offer what you believe you owe and see what happens. The worst they can do is say - no. If you aren't able to resolve it with the collection agency then you may need to file suit against the landlord to get their attention.

Re: Unreasonable charges to clean rental

You do not indicate whether the rental company kept your security deposit or not. Under Missouri Law, when an entity chooses to keep a security deposit, they must adhere to certain formalities. The statute provides:

535.300. 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.

Thus if your landlord did not adhere to these formalities, you may have a cause of action against him/it for violation of the statute. Depending on the amount of the deposit, the case could be brought in small claims court if less than $3000. If so, you would not need to be represented.

I hope this helps. If you have additional questions, feel free to email me.