Legal Question in Business Law in Minnesota

Withholding monies

I rented from a townhome complex and was told that I would receive back my deposit of 250 dollars at the end of my lease as long as nothing was damaged and the townhome was cleaned per the cleaning list that was given. I followed the extensive cleaning list, including scrubbing heat ducts with a toothbrush and was told that I would receive my deposit on the 21st of the month that I moved out. I still have not received my deposit and have been given the run around. I have called numerous times, left messages and to no avail. They penalized me for what they called late payment of rent, which was NEVER late, and now they aren't returning my money. Is there some law that deals with with holding monies? How come they can penalize me in wrong doing but there is no penalty for them. Also, a friend of mine rented at the same complex and ended up going to court to get his deposit back, is that something that I am going to have to do? Thank you for your help and answers to my frustrating situation.


Asked on 6/08/04, 3:28 pm

3 Answers from Attorneys
David Anderson Anderson Business Law LLC

Re: Withholding monies

Deposit is dueback to tenant 21 days after last day of residence or after LL receives forwarding address, whichever is later. There are penalties for witholding more than is authorized under MN Law. Have you received written notice of why any amount was witheld?

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Answered on 6/08/04, 5:02 pm
Vincent W. King Vincent W. King, PA

Re: Withholding monies

Here is a link to the applicable statute:

http://www.revisor.leg.state.mn.us/stats/504B/178.html (note: You may need to copy this and paste it into your browser).

A letter to the landlord referring to this statute may get results.

Depending on your income, there may also be tenant advocacy groups that can help you. Check out the mpirg website for info: http://www.mpirg.org/housing/tenantrights/

Standard disclaimer: The above is given based on limited facts and information presented. Conclusions may differ significantly based on different facts. We do not have an attorney-client relationship.

That said, good luck to you and let me know if I can be of further assistance.

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Answered on 6/08/04, 8:38 pm
David Kelly-952-544-6356 Kelly Law Office

Re: Withholding monies

In case you haven't noticed from the first two replies you received, your position here is strong. I'd rather represent you than the landlord. The penalty is equal to your unrefunded damage deposit, so you should be able to double your money if you sue the landlord in conciliation court. It must be done carefully, however, and with the use of the right magic incantation - I mean legal terminology.

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Answered on 6/09/04, 11:26 am


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