Landlord refusing deposit in writing

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dak_rt

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Where to begin I leased a house in Missouri and Lived there for 7 months. I never saw a lease and requested a copy on multiple different occasions. I notified her of me moving out and she stated that I wouldn't be getting my deposit back due to breaking the lease. At that time I asked for a copy of the lease again she said she would get it to me. One month passed no lease so I called her she told me again no deposit due to breaking the lease per the lease. I told her that I hadn't received a copy of the lease. She stated that she would mail me a copy. She then said that it would be used to do any repairs as needed. Sixteen days later I receive a letter in the mail that she had decided that I wasn't owed my deposit due to "washer wouldn't work had to call a repair man. He said parts and labor would be more than a new washer costs.
Had to buy new washer
350 washer
+50 service call
=400
also had to buy a new toilet, floor wash walls,
86.00 parts
+35.00 labor
=121.00"
My problem is when I lived there she replaced the washer which was no more than four months old (working when I moved). Any repair should have been warrantable.
She had people in the house before I had moved out. My girlfriend went to move the rest of the stuff out and there were men that had moved all of our stuff out of there way so they could paint the walls(paint was chipping off the walls). I was unable to do any cleaning do to the men painting(not that the house was any dirtier then one could expect with us moving). We weren't living in the house for a month prior to moving our stuff out(we paid that months rent). So we had all the utilities turned off (no point in paying bills if weren't needed). The men that were painting had "used" the toilet is the only reason I can come up with for the toilet needing replaced. The deposit was $400.00 so she says with washer and toilet that she owes me nothing.

Does she have any right to refuse me of my deposit for the stated reason? I could understand if i had broken the washer that should be my responsibility but is normal wear and tear my fault?
Thank you in advance for any advice
Bryan
 
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She probably has no right to withhold your deposit.

But, your problem will be proving that she acted in bad faith.

Did she break MO statutes?

Therein lies your problem.

Depending on the amount involved, suing her might be more trouble than it is worth.

Nevertheless, if you feel strongly, your only remedy is taking her to small claims court.
 
Missouri statue states that wear and tear is solely that of the landlords unless otherwise agreed upon.

I have contacted the appliance company that installed the washer and dryer while i lived at the residents and am waiting to hear back from them on the reasoning for the washer needing replaced.
 
I am aware but how does one damage a toilet to where it needs replaced? This is why i have contacted the appliance company. Im not sure who else did work on the house or i would call them as well.
 
I found out this am that the washer and dryer were purchased in june of last year and they were used units. There were my 1yr old my girlfriend and me living at the property a load of laundry a day. so roughly 200 loads of laundry plus what the previous owners used it.
 
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