Legal Question in Real Estate Law in Missouri

Whether it is clear that the deposit is forfeited if no thirty day notice, depends upon the language used. Missouri courts disfavor loss of deposit clauses. Under the facts you described, you may retain one month's rent. If your termination notice supports it, you may retain another month's rent. However, since it is declared to be a deposit, you probably should nto keep the deposit, once you determine (after he moves out) that there has been no damage done be the tenant. From that point you would have thirty days in which to return the deposit or you could suffer penalties greater than the amount of the deposit.

You did not indicate why the tenant moved out so soon. If it was from a condition that you created or allowed, you might be forced to return all but the five days he lived there. Those situations are very rare, but you need to be aware that it is possible if there are horrible facts that you did not provide here.

Without knowing anything more, I suggest you refund one month's rent now, If you find no damages, return the deposit within thirty days after move out. If has already been thrity days and you have nto preovided written notice of the damages you found, then return the deposit immediately.

Good Luck .