Legal Question in Real Estate Law in Minnesota

Security Deposits

Do I have to pay for painting of the rental unit when I leave? I was charged $300 for paint and cleaning.


Asked on 5/24/00, 10:42 am

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Security Deposits

Disclaimer:

This response is for general information purposes only and does not create an attorney-client relationship. You should consult an attorney of your choice conerning the specific details of your case. This response is not intended to be a substitute for such a consultation.

Response:

Damage deposits are in general intended to cover damages to the premises which are beyond ordinary wear and tear. If you left the apartment or rental unit in good condition except for ordinary wear and tear, the paint and cleanup are probably routine maintenance, which ordinarity should not be paid out of your damage deposit.

You should probably do a letter right away objecting to the landlord keeping the damage deposit, and then follow that with a claim in conciliation court. There is a statute which provides a penalty for keeping the damage deposit improperly. If you qualify for the penalty, the landlord would owe you double what the landlord is withholding.

Getting the penalty is technical and you need to consult with a lawyer.

Good luck.

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Answered on 7/05/00, 11:54 am


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