Results 1 to 3 of 3
  1. #1
    Join Date
    Mar 2013
    Posts
    1

    Default Bad Faith Retention of a Security Deposit

    My question involves landlord-tenant law in the State of: Minnesota

    In Minnesota there is a subdivision about Bad Faith Retention. It reads;

    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 $500 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.

    I'm wondering what it means when it says "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."

    Does this mean the landlord can return your deposit within 14 days of your filing and they aren't subject to any penalty?

    In Minnesota after 21 days the landlord then owes you your full deposit and interest, doubled. Does this mean they don't owe you double now? Please help.

  2. #2

    Default Re: Bad Faith Retention of a Security Deposit

    You need to provide more details in regard to your specific case.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    71,766

    Default Re: Bad Faith Retention of a Security Deposit

    A presumption of bad faith allows you to avoid your initial burden of proof on the subject of bad faith. Without the presumption, you have the responsibility to prove bad faith by a preponderance of the evidence if you want to recover statutory damages for bad faith retention of the deposit. When the presumption is implicated, the landlord must present evidence to overcome the presumption or the court will find bad faith in accord with the presumption.

    1. Sponsored Links
       

Similar Threads

  1. Parking and Access: Illegal Eviction and Security Deposit Retention
    By pparkhill in forum Living in the Rental Unit
    Replies: 27
    Last Post: 06-17-2011, 09:30 PM
  2. Security Deposits: Bad Faith Retention of Security Deposit
    By Kelly Goetz in forum Moving Out
    Replies: 7
    Last Post: 10-07-2010, 01:13 PM
  3. Security Deposits: Bad Faith Retention
    By vhgraphics in forum Moving Out
    Replies: 1
    Last Post: 07-22-2010, 06:53 AM
  4. Security Deposits: Security Deposit Being Held in Bad Faith
    By sp3cboogie in forum Moving Out
    Replies: 1
    Last Post: 03-11-2010, 08:17 PM
  5. Security Deposits: Can I Sue For Twice The Security Deposit And Bad Faith Deductions?
    By What_to_do in forum Moving Out
    Replies: 2
    Last Post: 02-07-2008, 11:22 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Termination Forms
Notices to end your tenancy in all 50 states.




Untitled Document