Is it the law that a landlord do a final walkthrough with you when you move out?

Our landlord said she was busy the day we were moving out so she couldn’t do the walk through with us. She waited until almost 3 weeks later and now is saying that we owe for things we know aren’t true but have no way of proving them because we are out of state. Also, it’s been past 30 days and we still haven’t heard anything for her about our deposit or received anything.

Asked on August 1, 2012 under Real Estate Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is my understanding that your state requires that a landlord must notify you with in the 30 days after you vacate of the time they will be inspecting the dwelling.  You have a right to be present.  Landlords in your state can only keep your security for actual damages (not for normal wear and tear), unpaid rent, or lost rent due to the tenant moving out without adequate notice. They must return the funds within 30 days or an itemized list of what is being withheld and why. If the landlord has wrongfully withheld all or part of a deposit, the tenant may sue to recover up to twice the amount wrongfully withheld.  Good luck.


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