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  1. #1
    Join Date
    Mar 2008
    Posts
    2

    Default Withholding Roomate's Security Deposit

    I am a long term tenant and the original lessor of my apartment, and paid the full security deposit at move in. I've had roommates over the years, and as they have moved in and out, they have written me a check for "their share" of the deposit, and upon move out, I have refunded it. Never had a problem, until now.

    A fairly long-term (3+ years) roommate of mine moved out recently. We were both on the lease, and when he moved in, he wrote me a check for his share of the security deposit. Over the course of his tenancy, he damaged and broke personal items of mine that exceed the amount of the security deposit, and reach into the hundreds of dollars. Finally, I asked him to move, and he continued to break and damage things. I have documentation of the damages caused. He has admitted to some, but not all of the damages caused.

    I refused to return the deposit, and sent him a letter to that effect, detailing each of the damaged/destroyed items very soon after he vacated.

    I am in MN. Is it legal to withhold his portion of the security deposit for damage to personal items? If not, what course of action would you recommend? Any help you could provide would be much appreciated.

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Withholding Roomate's Security Deposit

    Your roommate was on the lease, the security deposit should be between the landlord and him. Keeping money that is designated as a security deposit, isn't meant to be used toward damages to a roommate's personal items.

    The proper procedure would be to sue him in small claims court for your damages.

    Below is information for MN security deposits from the AG:


    20. REFUND OF THE SECURITY DEPOSIT

    At the end of the tenancy, a landlord must return a tenant’s security deposit plus interest, (130) or give the tenant a written explanation as to why the deposit (or any part of the deposit) will not be returned. The landlord must do this within 21 days after the day the tenancy ends, given that the tenant has given the landlord a forwarding address. If a tenant has to leave because the building is condemned, the landlord must return the deposit within five days after the tenant leaves, and after receipt of the tenant’s new address or delivery instructions (unless the condemnation was due to the tenant’s willful, malicious or irresponsible conduct). (131) If the landlord does not return the deposit or return an explanation in the time allowed, the landlord must pay the tenant a penalty equal to the amount of the deposit and interest and also pay the tenant the amount of the deposit and interest wrongfully withheld. (132) Minnesota law allows a landlord to withhold from a security deposit only the amount necessary for unpaid rent (133), damages to the rental unit beyond ordinary wear and tear (134), or other money the tenant owes to the landlord under an agreement (e.g. water bills). (135)

    When a landlord’s interest in the property ends (for example, because of death, foreclosure or contract for deed cancellation), the security deposit must be transferred to either the new owner or the tenant. This must be done within 60 days after the current landlord’s interest in the property ends or when the new landlord is required to return the security deposit under the rules discussed earlier, whichever is the earlier time. (136)

    If a landlord does not return or transfer the deposit, the court may penalize the landlord $200 for each deposit not returned or transferred. (137)
    http://www.ag.state.mn.us/Consumer/housing/lt/LT_3.asp

  3. #3
    Join Date
    Mar 2008
    Posts
    2

    Default Re: Withholding Roomate's Security Deposit

    Thanks for your time, and the info.

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