Legal Question in Landlord & Tenant Law in Minnesota

Security Deposit Withheld

So my parents moved out of their previous house about a 70 days ago, and to my knowledge, (in MN) a landlord is supposed to give a written statement stating why the deposit ($1500) was withheld. Now my parents called them two weeks to three weeks ago, asking why. They said they withheld it since the floors were wet and there we 12 bags of garbage in the garage. Now the floors were wet since my mother was scrubing them with a carpet cleaner, since the basement had a little bit of flooding due to rain, and 12 bags of garbage shouldn't cost 1500 dollars to remove. Plus they claimed that we didn't give them a forwarding address, which they gave it to them when they moved out. My parents gave it to them once again during that call. Also they said that in the lease agreement, it aparently said that she would forfeit the deposit if any mess was left behind. My mom spent two days cleaning, scrubing walls, carpets, but we couldn't take the garbage since they were broke after renting the truck. MN law says you are entitled to the amount of the security deposit as damages plus any amount of the security deposit with held, if they didn't give you a written statement with in 21 days. are we entittled to anymoney


Asked on 9/26/08, 9:17 pm

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: Security Deposit Withheld

Damages. Any landlord who fails to:

(1) provide a written statement within three weeks of termination of the tenancy;

(2) provide a written statement within five days of the date when the tenant leaves the

building or dwelling due to the legal condemnation of the building or dwelling in which the tenant

lives for reasons not due to willful, malicious, or irresponsible conduct of the tenant; or

(3) transfer or return a deposit as required by subdivision 5,

after receipt of the tenant's mailing address or delivery instructions, as required in subdivision 3,

is liable to the tenant for damages in an amount equal to the portion of the deposit withheld by the

landlord and interest thereon as provided in subdivision 2, as a penalty, in addition to the portion

of the deposit wrongfully withheld by the landlord and interest thereon.

CALL OR EMAIL ME FOR ASSISTANCE. I HAVE 28 YEARS EXPERIENCE IN LL/TENANT LAW.

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Answered on 9/26/08, 9:31 pm


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