DisputeKit / Minnesota
How long does a Minnesota landlord have to return a security deposit?
21 days. Under Minnesota Statutes § 504B.178, subd. 3, a landlord must return the deposit with interest, or give a written statement showing the specific reason for withholding any part of it within 21 days. The clock starts when you move out and hand back possession of the unit. The three weeks only start once your landlord has your mailing address or delivery instructions. A court may also award the portion of the deposit wrongfully withheld plus an equal amount as a penalty (twice the withheld amount in total), with interest, and up to $500 in punitive damages if the landlord kept the deposit in bad faith.
I moved out of my place in on and my landlord still has my $ deposit.
Fill in the blanks to see your deadline. Free, no account.
Conditions that change the deadline
- The three-week deadline only runs once the landlord has received the tenant's mailing address or delivery instructions.
- If the tenant had to leave because the building was legally condemned (not due to the tenant's conduct), the deadline is 5 days.
What Minnesota law says about deductions and your rights
- Deductions are limited to unpaid rent or other money due under the lease and restoring the unit to its move-in condition, ordinary wear and tear excepted; the landlord has the burden of proving the reason for any deduction.
- The deposit earns 1% simple interest per year.
- If the landlord misses the deadline, keeping the deposit is presumed to be in bad faith unless the landlord returns it within two weeks after the tenant files suit.
- Since 2023 a landlord must offer the tenant an initial inspection and a move-out inspection (Minn. Stat. § 504B.182); failing to do so also triggers the subdivision 4 penalty.
- A tenant may sue in conciliation court in the county where the rental is located or where the landlord lives.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Minnesota is $20,000 in conciliation court ($4,000 for consumer credit claims brought by a seller or lender), and the filing fee is $65 state filing fee plus a county law library fee that varies by county.
Steps
- Find your move-out date and deposit amount
- Give your landlord your forwarding address in writing (your demand letter can do this)
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit. The three weeks only start once your landlord has your mailing address or delivery instructions
- Count 21 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Minnesota?
The clock starts when you move out and hand back possession of the unit. The three weeks only start once your landlord has your mailing address or delivery instructions.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. Minnesota law allows a court to award the portion of the deposit wrongfully withheld plus an equal amount as a penalty (twice the withheld amount in total), with interest, and up to $500 in punitive damages if the landlord kept the deposit in bad faith. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in Minnesota is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.