Legal Question in Real Estate Law in Missouri

My son leased an apartment with a friend in July of 2011. They each paid a security deposit of $250.00. In August of 2012 my son rented another place with 2 other guys from the same leasing company. He gave them a security deposit for the new place at the end of June (before moving out of his first place). In September of 2012 he and his first roommate were issued a check for $750.00 as a refund for their security deposit (should have been $500.00). In January of 2014 the leasing company is realizing that they issued them a refund of too much and are saying that he and his first roommate should have only received $250.00($125.00 each) for the refund due to cleaning and damages. They were never told that there was any damages and I personally cleaned the place spotless. The leasing company is saying that they accidentally reimbursed them the additional $500.00 from his current deposit and one of the other roommates deposit as well. Bottom line is that they are charging interest on the additional deposit that they reimbursed and are dating it back to September of 2012. The first time they were notified of this was in January of 2014. Is there a statute for coming after an over payment of deposit refund? Why aren't they going after his first roommate as well since his name was on the refund check as well? Btw..the first roommate doesn't rent from them any longer.


Asked on 3/26/14, 5:29 pm

1 Answer from Attorneys
Anthony Smith LawSmith

It is too late for the company to claim any of the original $509 security deposit. They had only thirty days to claim damages or cleaning (unless the lease calls for an automatic cleaning charge)

However, your Son knows that he was overpaid for the deposit. He probably owes interest on the $259 overpayment. Unless the lease days otherwise, either tenant can be charged for the refund.

They are probably not going after your Son's old roommate, because he is less accessible. If your Son pays it all, his old roommate owes him the contribution of his share.

Good luck

Read more
Answered on 3/27/14, 5:14 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Missouri