Legal Question in Real Estate Law in Minnesota
Excessive Damage Charges
I recently moved and just received a statement from my previous landlord. When I moved out I fully expected to receive most if not all of my deposit back there was one damaged blind and the blinds were not cleaned so I expected some of my deposit to be withheld. The statement has a balance due of over $800. The big one was for carpet and linoleum, both were damaged in two floods that occured in the apartment during my first 6 months in residence. The floods were cause by the management's negligence related to the downspouts for rain drainage. The statement was all handwritten and there were several items that were unclear. Also the statement was dated over a month before I turned in my keys and the move out inspection was done - they did the move out inspection without me present even though we had an appointment set up to do it.
What can I do?
1 Answer from Attorneys
Re: Excessive Damage Charges
Damage deposits are not supposed to cover problems caused by the landlord. I suggest you write a letter right away protesting what the landlord did and demanding your money. Assuming that does not work, your remedy is conciliation court.
In your conciliation court claim ask for what you think you have coming and then ask for a statutory penalty equal to that amount. There is a penalty for improperly withholding the deposit equal to the amount improperly withheld. This has the effect of doubling the amount of your claim, which I sure you don't mind.
Good luck.
This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the lawyer of your choice concerning the details of your case.
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