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Minnesota SECURITY DEPOSITS
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If the deposit amount is stated in the
rental agreement, and the rental agreement has a definite ending date, no
changes in the deposit can be made unless both parties agree to the
changes or the lease allows for changes.
All communications should be done via Certified
Mail, Return Receipt Requested.
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Security deposits are
attached to those whose names are stated within the
lease, and are returned to the leaseholder(s) who
has remained until the end of the rental term. This
means that, for example, if three individuals share
a unit as roommates, and two renters vacate prior to
the end of the tenancy, the security deposit only
has to be returned to the tenant who has remained.
Of course, the landlord may choose to locate the
tenants who had vacated, and remit to each
individual the divided security deposit.
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LIMITS
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Minnesota law does not limit the
amount a landlord may require as a security deposit.
A landlord can
increase the amount of the security deposit at any time during a
"periodic tenancy" (a rental agreement in which
no final date is mentioned), but only if the tenant is given proper
advance written notice. Generally, this is one rental period plus a day.
Example. If a monthly rental, then notice is
30 + 1 day or 31 days notice.
When you give the landlord a deposit,
be sure to get AND keep the receipt EVEN if you give
the landlord a check or money order. The amount you
give should also be on the lease. Verify the correct
amount is on the lease.
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INTEREST ON SECURITY DEPOSIT
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At the end of the tenancy, the landlord
must return the deposit to the tenant with interest.
Interest begins on the
first day of the month following the full payment of
the security deposit. Interest runs to the last day
of the month in which the landlord returns the
deposit.
When a tenant has sued
to recover a withheld deposit, interest would run to
the day the judgment is entered in favor of the
tenant.
However, some cities
may have enacted their own laws with respect to
this.
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RETURN OF THE SECURITY DEPOSIT
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A landlord must return
a tenant’s security deposit plus simple,
non-compounded interest, (141) or give the tenant a
written explanation as to why the deposit (or any
part of the deposit) will not be returned. The
landlord must do this within 21 days after the day
the tenancy ends, provided that the tenant has given
the landlord a forwarding address.
If the landlord does
not return the deposit or return an explanation in
the time allowed, the landlord must pay the tenant a
penalty equal to the amount withheld and interest
and also pay the tenant the amount of the deposit
and interest wrongfully withheld.
Minnesota law allows a
landlord to withhold from a security deposit only
the amount necessary for unpaid rent , damages to
the rental unit beyond ordinary wear and tear, or
other money the tenant owes to the landlord under an
agreement (e.g. water bills).
See the
RentLaw.com Guide to normal wear and tear.
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FAILURE TO RETURN THE SECURITY DEPOSIT
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Notify the landlord, in writing, of their failure to
return the deposit.
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If a landlord does not
return or transfer the deposit, the court may
penalize the landlord $200 for each deposit not
returned or transferred.
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Disclaimer:
Laws change over time and there may be times when information on this web site will not be current.
It is
for general informational purposes only. It is not intended as
legal advice nor is it a comprehensive treatment of the
subject. It is not a substitute for advice from an attorney. FIND
EVICTION LAWYERS IN YOUR STATE .
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