The tenant is responsible for the rent payment for the full month in which the tenancy terminates and an additional amount equal to one month’s rent. (137) This amount must be paid on or before the tenancy terminates. In the event that the tenant owes the landlord rent or other amounts for a period before the termination of the lease, the tenant will continue to owe that amount to the landlord. (138) If there are multiple tenants on the lease, the lease will continue for the remaining tenants. (139)
20. THREE-DAY NOTICE DURING WINTER Tenants who vacate their units between November 15 and April 15 must tell their landlord they are vacating at least three days before they move. This allows the landlord time to take steps to make sure the pipes don’t freeze. A tenant’s failure to notify the landlord is a misdemeanor. Exceptions to this requirement are cases where the unit’s pipes are not subject to freezing or where the tenant is leaving on the day the tenancy is supposed to end anyway. (140)
21. REFUND OF THE SECURITY DEPOSIT At the end of the tenancy, a landlord must return a tenant’s security deposit plus simple, non-compounded interest, (141) 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, provided 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). (142) 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 withheld and interest and also pay the tenant the amount of the deposit and interest wrongfully withheld. (143) Minnesota law allows a landlord to withhold from a security deposit only the amount necessary for unpaid rent (144), damages to the rental unit beyond ordinary wear and tear (145), or other money the tenant owes to the landlord under an agreement (e.g. water bills). (146) 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 returned to 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. (147) If a landlord does not return or transfer the deposit, the court may penalize the landlord $500 for each deposit not returned or transferred. (148) Interest Interest begins on the first day of the month following the full payment of the security deposit. Interest runs to the last day of the month in which the landlord returns the deposit. When a tenant has sued to recover a withheld deposit, interest would run to the day the judgment is entered in favor of the tenant. (149)
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