Is It Legal for Landlords to Keep Part of Your Security Deposit Just Because They Say It’s “Non-Refundable”?

Here’s what Missouri law says and what one property company is now being sued for.

If you’ve rented an apartment in Missouri, you probably paid a security deposit. But what happens when your lease says part of that deposit is “non-refundable” before you’ve even moved in?

Unfortunately, some landlords try to pocket your money up front, no matter how you leave the unit. We believe that’s not only unfair it’s unlawful.

In a recent class action lawsuit filed in Jackson County, our firm alleges that a Kansas City property management company violated Missouri law by designating a portion of every tenant’s security deposit as non-refundable. Tenants who gave proper notice, paid their rent, and caused no damage were still denied a full refund, without any itemized explanation.

That’s a problem. And we’re taking it to court.

What Missouri Law Actually Says

Under Missouri Revised Statute § 535.300, landlords are allowed to collect a security deposit but they can only keep part of it after the lease ends, and only for specific reasons:

• Unpaid rent,
• Damage beyond ordinary wear and tear, or
• Lack of proper notice to terminate the lease.

Even then, the landlord is required to send you a written list of any deductions within 30 days of move-out. They’re not allowed to pre-label part of your deposit as “non-refundable” just because it’s in the lease.

In other words, your security deposit is your money until your landlord proves they’re entitled to keep some of it.

What’s Happening In The Creed Case

In the lawsuit we’ve filed known as the Creed Class Action we allege that a Missouri landlord violated these rules. The case involves:

• A lease that labeled $125 of a $500 deposit as “non-refundable” from day one,
• No written breakdown of damages or repairs when the tenant moved out,
• And a landlord who sent the refund through a personal Venmo account raising questions about how tenants’ money is being handled.

We believe this isn’t a one-time issue. We believe it’s a pattern, and we’re asking the court to certify the case as a class action so that other affected tenants across Missouri can recover what they’re owed.

If This Happened To You, You’re Not Alone

Have you ever had part of your deposit withheld with no explanation?

Were you told a portion was “non-refundable” just because it said so in your lease?

Did your landlord fail to return your deposit in full even when you left the unit in good condition?

If so, you may be entitled to compensation.

Contact Us For A Free Consultation

We’re currently investigating similar claims and offering free consultations to Missouri tenants who believe their landlord may have wrongfully kept part of their security deposit.

Call us today at (913) 243-1426
Or email us at info@tituslawkc.com

Your rights matter and we’re here to help enforce them.