How to Get Your Security Deposit Back in Minnesota
Minnesota differs from other states with several laws that you will want to be familiar with when it comes to getting your security deposit back for one thing, tenants are entitled to a refund of the property taxes they have paid indirectly through rent, and landlords must return a security deposit within 21 days of the tenant vacating (which differs from the normal 30 days). If you’re renting in Minnesota and struggling to get your security deposit returned , here are a few tips and resources that may be of some use.
In Minnesota, a security deposit can be used for any debts that the tenant may have incurred to the landlord including any unpaid rent. This includes such things as water utility bills, or the cost of renting a garage. The security deposit cannot be used by the tenant to pay rent. The tenant who remains in the apartment until the end of the lease term will have the security deposit returned to him or her. So, for example, if you’re sharing an apartment with a friend and that roommate leaves early for to study abroad, the security deposit will be returned to you and you alone, unless the landlord decides to track each of you down and remit to each individual the divided security deposit .
Getting your security deposit back begins on the day you move-in. Before you move any personal belongings or furniture into the apartment , take a notepad and a camera and go through the apartment thoroughly. Document anything that looks like damage . It is helpful to use a camera that automatically date stamps the photos, or, if you’re using a video camera, say the date and time distinctly at the start of the video. Don’t wait to send this to your landlord. Give your landlord the documentation right away. This will alleviate any misunderstandings that might otherwise occur at the end of the rental as to when the damage took place. It also shows the landlord that you mean business about getting your security deposit back .
Repair all damages that you have caused when you move out. This could be as minor as putty-ing up holes in the walls where you hung pictures or snaking the shower drain. Clean the apartment thoroughly. Make sure the landlord has your forwarding address, and if essential, the forwarding addresses of your roommates.
Minnesota law also gives tenants the rights to a partial refund of the property taxes that they pay indirectly through their rent. To claim it, file a property tax refund form and a certificate of rent credit (your landlord must provide you with this by January 31) through the Minnesota Department of Revenue.
Your landlord has 21 days to return your security deposit with interest. Presently, the interest rate is one percent. Any debts related to the tenancy or damages beyond ordinary wear and tear will be applied to the security deposit. Send your landlord a certified letter if the deposit hasn’t been returned with interest in 21 days, or if you have not received an explanation from your landlord. If the landlord doesn’t return your security deposit in a timely fashion, then they are subject to a penalty equal to the amount withheld, plus the security deposit, plus interest. You will have to take them to small claims court in order to claim the penalty, and the Minnesota Attorney General has published a brochure that will be helpful to you if you do, entitled Conciliation Court: A User’s Guide to Small Claims Court. There’s also HOMELine in Minneapolis, which offers legal services.
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Author: Lisa Brown is a Sales and Marketing Associate for Almost Home USA (housing-minneapolis.html" target="_new">Corporate housing Minneapolis), a corporate housing company whose goal is to provide such excellent experiences that clients feel almost home.
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