My question involves landlord-tenant law in the State of: Missouri
We were renting a small warehouse office and had a lease that ended 3/6/17. After following up many times with the property manager after not receiving our security deposit back yet, they let us know that they were still working on their final close out of the utilities and other CAM expenses from last year so they were delayed in calculating anything owed to us.
They finished calculating and then told us that they will not be refunding our deposit back because their water meter was broken so they were undercharging all the tenants last year. They said truing it up would eat up our entire deposit.
I've asked for a full accounting as is allowed per the lease. I did confirm their fiscal year ends 12/31. The lease states as long as we aren't in default, we will be refunded the policy. It also says "At the beginning of the year" they will review CAM expenses and notify us if our monthly deposit needs to increase. They are also allowed to increase it during the year if they find the amount needed to be more than a 5% increase. Otherwise they send us a bill to true it up. It is May 5 and we just received word yesterday that they finished calculations with no prior notification that there was an issue.
Is them having a broken meter for a whole year and not noticing it really our problem? Is 5 months acceptable for how long to hear back about corrected CAM? Do we have any recourse?