refund of renters deposit-state of MN?

Question

I rented a house From June 1 2003 until June 15 2007. On June 1 2003 I gave the landlord a $600.00 deposit. On May 1 2007 I advised the landlord of my move out date. I moved out as of 12 midnight on June 15th 2007. I paid a full months rent on June 1st. I have not heard anything from my landlord about my deposit or the 2nd half months rent. What are my options to get that money back. She is not returning my calls. Also, does anyone know if I should get interest on my money and if so, what is the %? I am not sure about the legal system and do not have money for an attorney.

Answer 1

OK, small claims court is probably the way to go with this - but USUALLY you'd not be entitled to the second half of June rent - assuming your rent is month to month.

And USUALLY they get 60 to 90 days to refund your security deposit.

And FREQUENTLY they will use the security deposit to pay for cleaning, advertising, or repair damages - but they SHOULD, within 60 - 90 days, advise you EXACTLY where the money went, and how much they're giving you back. But July 9th isn't a reasonable period of time to expect to get the security depost back, sorry.

IF the money is in an interest bearing account, they have to pay the interest to you - and it's not much. Maybe 1 - 2%. If it was in a non-interest bearing account, they don't pay you any interest.

Answer 2

Your landlord generally has 30 days to provide a rendering of your any charges against your security deposit and refund any balance. This should be spelled out in your lease agreement. Additionally in most jurisdictions a landlord foregoes any right to offset any repairs from the deposit if they fail to render the accounting of the charges against the deposit and refund the outstanding balance.

Given that 30 days has not passed, your landlord still has about 6 more days to get that to you.

If you have not heard anything from the landlord by the 19th or so (allowing a couple of days for mail transit time) you should send her a written demand for the deposit and the excess rent paid. If she still does not respond within another week or so, send one last demand for payment advising her that if she does not return the deposit and unearned rent in full within 5 calendar days that you will proceed with appropriate collection actions against her.

A few states require that landlords pay interest on security deposits but most don't. You generally would be entitled to charge interest from the date that the security deposit was do to be refunded to you, normally at whatever your state's contract rate is. That would be July 15th in your case. I believe that the MN legal interest rate for this type of debt to be 6% per annum but you should verify that with a local attorney.

FYI, if your lease expired as of June 15th, you should have only paid rent for one half of the month of June as you did make proper notice and do not owe any rent beyond that date. Bear that in mind for future reference.

Answer 3

ur interest would be whatever ur deposit is by .05%. I suggest u mail ur landlord a certified letter as a final request for you rmoney. if not ur entitles up to 3 times that amount. take her to small claims and sue.