Minnesota tenant law question - Deposit and abandoned property

Minnesota tenant law question - Deposit and abandoned property

Milwaukee, WI · Member since 2009 · 203 posts · 50 votes

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.

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Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
13y

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

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  • Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    13y

    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

  • Residential Real Estate Agent · Mound, MN · Member since 2010 · 87 posts · 32 votes
    13y

    Not sure about your first question. I would think the landlord would need to pay back the funds if the tenant ever asks but it's really not specified in the statue.

    Your 2nd question is tricky too - it does sound like the abandoned property rules should apply in that situation and landlord should have removed them and stored them for 28 days.

  • Member since 2021 · 1 post · 0 votes
    4y

    I know this is a very old post, but it popped up in a search and I thought I'd give my two cents.

    To the first part, I am not sure how the landlord is supposed to return the security deposit without a forwarding address, unless the tenant was assuming it would be done online, but considering this is from eight years ago....  Once the tenant gives the landlord a way to return the deposit to them, then I would think the 21-day/3-week time counter would start. 

    If the landlord does not return the deposit, or if he/she doesn't include a written itemized explanation of the deductions, then the tenant can take the landlord to small claims court and get back double the deposit plus $500.

    To the second part, yes the landlord would be required to store and care for the property for 28 days. Then they have to attempt to notify the tenant before tossing or selling. If they sell, then they are allowed to take the funds spent in storing and selling the item(s), but still must give the remainder of the sale monies to the tenant. 

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