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Updated over 3 years ago on . Most recent reply

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Uwe K.
  • Milwaukee, WI
50
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203
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Minnesota tenant law question - Deposit and abandoned property

Uwe K.
  • Milwaukee, WI
Posted

I am trying to resolve a situation on behalf of a relative renting in Minnesota. I am a landlord in WI only, not familiar with MN law, so I read up but have a couple of questions:

1. The MN statute (504B.178) says that the security deposit has to be returned within three weeks "and after receipt of the tenant's mailing address or delivery instructions". Same for a statement if there are deductions.

Do I read this right that there is no requirement for the landlord to return the deposit or send a statement if no address or delivery instructions were giving? For example, if the tenant returns the key to the office guy, but does not give a forwarding address.
I can't imagine this being a possible escape clause for landlords, but this it how it sounds.

2. Second question: unlawful detainer or abandoned property:
Person leaves some furniture behind, but clearly moved out (dropped off keys, everything else out) after receiving a cure or quit notice. Moved out before or on the "quit date". Money still owed and not disputed, but landlord filed for eviction with the reason of "unlawful detainer" (as they call it there) because the furniture was still in there.
Reading the statutes, this should not have been the case if the the person moved out and landlord was aware of that. Rather, the "abandoned property" section should have been applied.
Any thoughts from MN people here?

Thanks a bunch, and I know it's hard to put yourself in the tenant's shoes. But I am a landlord myself who tries to do the right and proper thing.

Most Popular Reply

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Steven Hamilton II
  • Accountant, Enrolled Agent
  • Grayslake, IL
2,325
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5,271
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Steven Hamilton II
  • Accountant, Enrolled Agent
  • Grayslake, IL
Replied

Uwe K.,

If they did not remove the furniture they are preventing the landlord from moving forward. I do not know about MN; however, in many states the tenant can sue if the landlord disposes of those personal items without tenant's written consent.

If they left items they did not fully move out. Yes, abandoned property can apply; however, It is all a matter of CYA.

Everything I do is to protect myself.

-Steven

  • Steven Hamilton II
  • [email protected]
  • (224) 381-2660
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