Legal Question in Landlord & Tenant Law in Minnesota

Security depost not being returned for violating lease terms

I recently moved out of a rental house on nov 30, 2007. Upon giving 45 days notice via email a response was never returned. I emailed a notice again a week later and was finally responded to with an acknowledgment of my notice to vacate presmises.

After going through the checkout process the person checking verified that the property was in good condition. However the landlord is now claiming that lease terms were violated and that will cause him to keep our security deposit.

His lease violations include failure to give 45 day notice. Now, the 45 day notice to vacate is on the lease itself, which I tried to adhere to, but it ended up being 38 days. Also, he's claiming we removed fixtures from the property. The 'fixtures' were extra 2x4's nailed below the deck to support the extra weight of a pool that the previous tenants had. Now these weren't even put into concrete footings. Just nailed to the stringers and barely touching the ground.

Does the landlord have the right to define these as fixtures as there was no damage/irreparable harm caused to the realty? Can the 45 day notice clause be enforced even though the landlord acknowledged my intent to vacate and never said we'd be held in violation?


Asked on 12/12/07, 9:33 am

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: Security depost not being returned for violating lease terms

I would need to review the notice of itemized damages required by MN law.

As a LL of 28 years, I tend to view matters from the LL's side, but if you have good faith evidence ( email registry showing notice was sent 45 days prior) and if no damage was occasioned by the removal of the 2 X 4s, then you may be on firm ground.

I would write a letter to the LL for a flat fee, after reviewing relevant documents, inclu lease.

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Answered on 12/12/07, 10:00 am


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