With expansion of our free tenant hotline service to all Minneapolis renters only 3 days away, we’re sharing information and advice on the top 5 issues renters call us about. Minneapolis renters will soon have access to this wealth of legal knowledge and practical advice stemming from 22 years of providing legal advocacy services to renters across Minnesota. More info about our Minneapolis expansion is here.
Today we’ll be sharing information about our 3rd-most commonly called-about issue: Security Deposits
Today’s topic: Security Deposits
Question: How do I get my deposit back? Security deposits, also known as damage deposits, are used in rental housing to cover outstanding damage or disrepair that may be caused by a tenant during a tenancy. Most tenants are required to pay a deposit before moving into the apartment. Many landlords charge a full month’s rent for a security or damage deposit (or more, especially if the tenant has bad credit or no good rental history). Additional deposits for pets can be included as well.
Answer: Deposits can be very contentious issues. Our first advice concerning deposits is that the day the tenant moves into a place, they should document the condition, specifically anything that is wrong. They should take pictures of any preexisting damage. Key things to check include: the oven, the fridge, the bathrooms and especially the flooring. Costs associated with carpet are typically the most common problem when it comes to deposit disputes. Any pictures showing any stains, tears, rips or burns in the carpet that were there when the tenant moved in are very useful.
Then, the last day the tenant has possession of the rental unit—right before they give up the keys, they should take overall pictures of the place with some focus on the trouble areas already mentioned. These before and after pictures can be the key to recovering a deposit—which is usually one month’s rent.
The landlord must return the full deposit, part of the deposit with an explanation, or a letter stating what happened to the deposit within three weeks (21 days) of move out. To start the 21 day clock ticking, the tenant must have turned in their key and provided a forwarding address to the landlord. There are serious penalties for the landlord if they fail to comply with the 21-day rule.
Ultimately, if a tenant disagrees with the amount withheld from their deposit, they may have to go to Small Claims or Conciliation court. Whenever a tenant is challenging his landlord in court, it is important to understand what the landlord must do to win the case. This is because the legal system is most frequently focused on who has the burden of proving something. When it comes to deposits, the landlord has the burden of proving that the tenant is responsible for whatever damage occurred.
For advice about a situation similar to this that you, a family member, or a friend is facing, please contact our hotline directly: 612-728-5767 or email an attorney here. If you’re considering suing your prior landlord in Conciliation Court for a deposit, give us a call to discuss your case with an attorney. Minneapolis renters can learn more about our expansion here.
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