Damages after statutory term for returning deposit

[Michael Nahm]

Hello fellow BPers,

Recently, I had great tenants that moved out after 3 years in a townhome. After they moved, in a routine clean-up, we discovered some broken refrigerator drawers that needed replacing (not really something we would see in a normal walk-through).

We purchased new drawers, seeking reasonable prices because the fridge’s manufacturer had outrageous prices for the items, and we were able to save more than half of the cost used from the security deposit.

So far so good. There was also some damage that we withheld a small amount for repair.

We sent the balance of the deposit to their forwarding address.

MN has a 21 day deposit return guideline. We were well within the timeframe.

However, later, it was discovered that there was no hot water in the home. Thinking the water heater was out, we called a tech, who flushed the system and said all is good. Then he couldn’t get it to light. He left.

We then called another company to check it the following day, that tech suggested replacement.

He replaced the unit, then couldn’t light it either.

Turns out, the former tenants called the gas company and requested gas be SHUT OFF to the home.

In other words, the original unit didn’t need replacing.

We called the gas company, who confirmed that they only did what the tenants asked, which was to do a shut off, and can schedule a turn on.

After checking that the security deposit check wasn’t yet cashed by the former tenants, we canceled the check and immediately sent them a message indicating what took place, the expense and time spent due to their actions, and a request to send the balance of our expenses, which now were more than the deposit balance.

Now they hired an attorney and are demanding the balance.

In the meantime, the townhome’s association sent us a complaint stating that the patch of grass in front of the home needs repair at the owner’s expense because the tenants’ pet continuously urinated in the same areas, causing damage. Now while the association covers lawn care, it excludes pet damage.

So now there’s even more damage that they are not even aware of, well beyond the statutory term to return their deposit.

Advice, likelihood of recovering expenses and the like are welcome.