Minnesota Security Deposit Laws
Most landlords charge one month’s rent for a security deposit in Minnesota, but there are no limitations to the amount.
Written by Caitlin McQuade
Reviewed by Melanie Reiff
In
Minnesota
, almost all rentals require a security deposit. While there is no limit on the amount a landlord may charge for one, most are the total of one month’s rent. A landlord has 21 days to return a security deposit or account for what damages the deposit went to. Minnesota renters are usually familiar with security deposits, as most landlords require them when renting. Security deposits ensure that a landlord receives compensation if a tenant damages property or skips out on a lease early. Renters can usually expect to receive their security deposits back after their lease is over.
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What is Minnesota law on security deposits?
In Minnesota, a security deposit is a fee paid by the tenant to the landlord, which is separate from rent. Landlords have the right to charge a security deposit for any amount per Minnesota state law. However, if a lease is signed and has an end date, the landlord may not change the security deposit amount unless the tenant agrees or the lease allows changes.
As long as a tenant does not break their lease or incur major damage, they receive their security deposit back after their lease is completed.
Rules about security deposits are outlined in the
Minnesota Statutes
, Section 504B.178, and in the Landlords and Tenants Rights and Responsibilities
.What is the maximum security deposit a landlord can charge in Minnesota?
There is no limit for the maximum security deposit a landlord can charge in Minnesota.
Typically, the deposit will be equal to about one month’s rent. If a landlord charges much more than that amount for a deposit, they may not be able to find renters willing to pay it. But ultimately, it is up to the landlord to decide how much they’d like to charge.
Even if the security deposit is higher than one month’s rent, the landlord must return the security deposit, including simple, non-compound interest.
How long does a landlord have to return a security deposit in Minnesota?
A Minnesota landlord must return a security deposit within 21 days after the end of a tenant’s lease. If the lease is terminated unexpectedly due to the property becoming uninhabitable, the landlord must return the deposit within five days.
What can a landlord withhold a security deposit for in Minnesota?
A landlord may withhold some or all of a security deposit for the following reasons:
- To restore the property to the state it was in when the tenant arrived, outside of normal or expected wear and tear
- To make up for any unpaid rent or other unpaid agreed upon fees
Beyond “normal wear and tear” can be a tricky term to navigate. Generally, it means your landlord can make deductions to pay to fix any major or minor damage that occurs out of force or neglect. This includes things like breaking appliances, creating holes in the wall or floor, or damaging permanent carpets.
If you notice a maintenance issue in your rental, you are required to inform your landlord immediately, so they may fix it promptly. If, for instance, you neglect to inform your landlord about a leaking pipe, you may have the water damage deducted from your deposit.
The landlord must provide reasons for any deductions made. They are required to provide a list of deductions and explanations as to why they are withholding all or part of the deposit.
Key Takeaway A landlord must return the deposit with a list of any deductions within three weeks after the end of a lease in Minnesota.
How to get your security deposit back in Minnesota
The first step to getting your security deposit back in Minnesota is to provide your landlord with a return address. After you’ve provided this address and vacated the property, your landlord should send the deposit, including interest, within 21 days.
If the deadline has passed and you have not yet received your deposit, your first step should be to contact your landlord and ask for your deposit in writing.
If the landlord still refuses to send the deposit or you disagree with their reasons for withholding all or part of it, you may take them to
Conciliation Court
, sometimes called “small claims court.” How to save money on car and renters insurance in Minnesota
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FAQs
Can I use my security deposit as the last month’s rent in Minnesota?
No—you must pay your last month’s rent as usual and receive the security deposit back after the lease has ended.
Can a landlord charge for carpet cleaning in Minnesota?
In Minnesota, you cannot be charged for routine carpet cleaning. You may be charged for any damage to a carpet beyond normal wear and tear.
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