Legal Question in Real Estate Law in Missouri

Security deposit return

I was to move out of my apartment on the first of November. I forgot to leave my keys in the apartment when I left and when I called the manager to do the walk through with me(he had done one without me present the first time and I didn't agree with the cleaning charges so we re-scheduled) I brought the keys with. They agreed to drop the cleaning charges and said I'd get my money back. A few days later I receieved a letter saying that he was charing me a half month's rent because I didn't turn in the keys until the 14th and so it was in my possesion. However, on the 7th when he did the walk through he wrote off the keys and lock and charged 50 for them since they weren't there. Can he charge us half month rent for not leaving the keys when he already ordered a new lock and charged us for that too?


Asked on 12/10/02, 9:56 pm

1 Answer from Attorneys

Re: Security deposit return

Not likely, but possible. However, it would depend on the terms of the lease and on the facts of your situation. The lease probably provides that tenant is to return the keys to landlord at the end of the lease, however, the question becomes whether tenant is obligated to pay rent until keys are surrendered. It is unlikely that the landlord would be able to charge you for a new lock AND rent for failure to return the keys. If you are not able to resolve the situation on your own, I would suggest contacting an experienced attorney to assist you in the matter. If you would like such assistance, feel free to give me a call or send me an email and I can review your lease and speak with the landlord on your behalf. Keep in mind, if the landlord doesn't properly follow Missouri state law regarding the security deposit, you may be entitled up to two times the amount of the security deposit for the landlord's wrongful withholding.

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Answered on 12/11/02, 11:08 am


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