Prorate, deposit withheld

[mingerso]

I live in Minnesota with a month to month lease. I recently had some emergency family issues come up that prompted me to vacate by the end of this month. I gave notice on the 10th... they require a 30 day notice (so thats only about a 21 day notice).
Now my question is... can they withhold my deposit (which is what they are doing). I heard it might be prorated?? I really don't know what my rights are but it doesn't seem quite right.
Any help appreciated,
matth

 

[fairlight]

They can withdraw the rent you'll owe them for those nine days, plus any damage that you did to the apartment beyond the normal wear and tear, from the security deposit.

Why is it not fair? It's not their fault that you decided to move out in order to deal with family issues.

 

[JETX]

can they withhold my deposit (which is what they are doing).

Yep. According to MN state laws... the landlord has 3 weeks AFTER "the receipt of the tenant's mailing address or deliver instructions" to actually return any deposit.

504.20 - Interest on Security Deposits; Withholding Security Deposits; Damages
3. (a) Every landlord shall:
1. within three weeks after termination of the tenancy; or
2. within five days of the date when the tenant leaves the building or dwelling due to the legal condemnation of the building or dwelling in which the tenant lives for reasons not due to willful, malicious, or irresponsible conduct of the tenant, and after the receipt of the tenant's mailing address or deliver instructions, return the deposit to the tenant, with interest thereon as above provided, or furnish to the tenant a written statement showing the specific reason for the withholding of the deposit or any portion thereof.

(b) It shall be sufficient compliance with the time requirement of this subdivision if the deposit or written statement required by this subdivision is placed in the United States mail as first class mail, postage prepaid, in an envelope with a proper return address, correctly addressed according to the mailing address or delivery instructions furnished by the tenant, within the time required by this subdivision. The landlord may withhold from the deposit only amounts reasonable necessary:
1. to remedy tenant defaults in the payment of rent or of other funds due to the landlord pursuant to an agreement; or
2. to restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted.

(c) In any action concerning the deposit, the burden of proving, by a fair preponderance of the evidence, the reason for withholding all or any portion of the deposit shall be on the landlord.

 

[mingerso]

Fairness was not mentioned. "Quite right", meaning, I should not have to pay the full amount. I also wasn't implying that its their fault - just telling the story of whats happening. Now with that, I hope the frivolous remarks stop.

Why is it not fair? It's not their fault that you decided to move out in order to deal with family issues.

 

[mingerso]

I guess I didn't word that correctly. They told me they will not give my deposit back at all...

Yep. According to MN state laws... the landlord has 3 weeks AFTER "the receipt of the tenant's mailing address or deliver instructions" to actually return any deposit.

[/I]

 

[treese]

Minnesota LL/T Law requires you to give a 30 day notice (full rental period) before the next rental due date. Your LL is not required to prorate as you are renting an a month to month basis, not daily or weekly.
http://tenant.net/Other_Areas/Minnesota/hb3.html#ch15

You notice given on December 10 leaves you liable for the rent until January 31. They can deduct January's rent from your security deposit if you do not pay.
http://tenant.net/Other_Areas/Minnesota/hb3.html#ch17

 

[ENASNI]

Now that is "Quite Right"

 

[mingerso]

Thank you! That is what I was slowly finding out but I couldn't find anything that specifically said it. It still doesn't make complete sense as to why I would have to pay full, but I'm not going to worry about it.
Thanks again,
matth

Minnesota LL/T Law requires you to give a 30 day notice (full rental period) before the next rental due date. Your LL is not required to prorate as you are renting an a month to month basis, not daily or weekly.
http://tenant.net/Other_Areas/Minnesota/hb3.html#ch15

You notice given on December 10 leaves you liable for the rent until January 31. They can deduct January's rent from your security deposit if you do not pay.
http://tenant.net/Other_Areas/Minnesota/hb3.html#ch17

 

[JETX]

I guess I didn't word that correctly. They told me they will not give my deposit back at all...

First, I need to correct my earlier post. The statute I cited in it was NOT correct... as that law had been repealed. The CORRECT cite should have been: 504B.178 Interest on security deposits; withholding security deposits; damages; limit on withholding last month's rent.

So, with that...

The landlords statement about not giving any deposit back is 'cheap'... especially if it is in violation of the law.

Simply do as required... give them WRITTEN notice of your new "mailing address or deliver instructions", then wait the required three weeks. If they don't provide you with the REQUIRED return of "the deposit to the tenant, with interest thereon as above provided, or furnish to the tenant a written statement showing the specific reason for the withholding of the deposit or any portion thereof"... then they lose ALL rights to claim ANY deduction, PLUS $200!!

Same statute as cited above:

Subd. 4. Damages. Any landlord who fails to:
(1) provide a written statement within three weeks of termination of the tenancy;
(2) provide a written statement within five days of the date when the tenant leaves the building or dwelling due to the legal condemnation of the building or dwelling in which the tenant lives for reasons not due to willful, malicious, or irresponsible conduct of the tenant; or
(3) transfer or return a deposit as required by subdivision 5,
after receipt of the tenant's mailing address or delivery instructions, as required in subdivision 3, is liable to the tenant for damages in an amount equal to the portion of the deposit withheld by the landlord and interest thereon as provided in subdivision 2, as a penalty, in addition to the portion of the deposit wrongfully withheld by the landlord and interest thereon.

Subd. 7. Bad faith retention. The bad faith retention by a landlord of a deposit, the interest thereon, or any portion thereof, in violation of this section shall subject the landlord to punitive damages not to exceed $200 for each deposit in addition to the damages provided in subdivision 4.
If the landlord has failed to comply with the provisions of subdivision 3 or 5, retention of a deposit shall be presumed to be in bad faith unless the landlord returns the deposit within two weeks after the commencement of any action for the recovery of the deposit.

http://www.revisor.leg.state.mn.us/stats/504B/178.html

 

[LindaP777]

They can withdraw the rent you'll owe them for those nine days, plus any damage that you did to the apartment beyond the normal wear and tear, from the security deposit.

Nine Days? Where do you get that? They owe the whole month of January! (Giving notice on the 10th would be the same as giving notice on December 31 - they owe for the whole month, not 9 days prorated!)

 

[JETX]

Nine Days? Where do you get that? They owe the whole month of January! (Giving notice on the 10th would be the same as giving notice on December 31 - they owe for the whole month, not 9 days prorated!)

Sorry... but you also got 'bit' by the repeal of the previous laws.

The full notice (pay to pay) was removed in the CURRENT laws:
504B.135 Terminating tenancy at will.
(a) A tenancy at will may be terminated by either party by giving notice in writing. The time of the notice must be at least as long as the interval between the time rent is due or three months, whichever is less.
(b) If a tenant neglects or refuses to pay rent due on a tenancy at will, the landlord may terminate the tenancy by giving the tenant 14 days notice to quit in writing.
http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAT_CHAP&year=current&chapter=504b

 

[JETX]

Minnesota LL/T Law requires you to give a 30 day notice (full rental period) before the next rental due date. Your LL is not required to prorate as you are renting an a month to month basis, not daily or weekly.
http://tenant.net/Other_Areas/Minnesota/hb3.html#ch15

You notice given on December 10 leaves you liable for the rent until January 31. They can deduct January's rent from your security deposit if you do not pay.
http://tenant.net/Other_Areas/Minnesota/hb3.html#ch17

NOT CORRECT. Those laws you link to were repealed in 1998!!
See my post later in this thread.

 

[LindaP777]

NOT CORRECT. Those laws you link to were repealed in 1998!!
See my post later in this thread.

CRAP!!! Remind me not to buy any rentals in Michigan!!!

 

[mingerso]

Current

I think I found what I have been looking for in a document that is current. Heres the link:
http://www.ag.state.mn.us/consumer/PDF/Brochures/landlordtenant.pdf
Its in section 18. Ending the Tenancy

 

[treese]

Yep ... that is current and basically that same as previously posted.


You are still on the hook for rent until January 31st.