Minnesota statute guide
Minn. Stat. section 504B.178 is the core Minnesota security deposit statute.
Minnesota's main security deposit statute covers deposit interest, the three-week return or written-statement rule, mailing compliance, the special 5-day condemnation rule, lawful withholding categories, burden of proof, transfer rules, last-month-rent limits, and damages for noncompliance.
What section 504B.178 covers
- Subdivision 2: deposit interest.
- Subdivision 3: return of the deposit or written statement of specific withholding reasons, lawful withholding categories, and landlord burden of proof.
- Subdivision 4: damages for failure to comply with the deposit-return rule and certain inspection-notice obligations.
- Subdivisions 5 and 6: sale, transfer, and successor-landlord deposit rules.
- Subdivision 7: bad-faith retention and possible punitive damages.
- Subdivision 8: restriction on using the deposit as last month's rent.
- Subdivision 9: where a deposit recovery action may be brought.
- Subdivision 10: attempted waiver of the statute is void.
Timing trigger
The general Minnesota deadline is not just a move-out clock. The statute ties the three-week rule to termination of the tenancy and the landlord's receipt of the tenant's mailing address or delivery instructions.
If a tenant leaves because the building or dwelling was legally condemned, and the condemnation was not caused by the tenant's willful, malicious, or irresponsible conduct, a special 5-day rule can apply. That branch should be kept separate from the ordinary three-week rule.
Minnesota also has a mailing-compliance rule. If the landlord places the refund or written statement in first-class mail within the deadline with proper postage, return address, and correct addressing, the mailing date can matter.
Inspection-related statute
Minn. Stat. section 504B.182 addresses initial and move-out inspection notice issues. The tenant may request an initial inspection to identify existing deficiencies. Before move-out, the tenant may have the right to request a move-out inspection and be present. The purpose is to identify issues the tenant can address before final deposit deductions.
If the tenant agrees, written acknowledgment of photos or videos can substitute for an inspection under the inspection section. Keep copies of any photos, videos, acknowledgments, inspection requests, and inspection responses.
Remedies and cautions
Minnesota can allow recovery of the wrongfully withheld deposit and interest, plus equal-amount statutory damages when the statutory conditions are met. Bad-faith retention can support punitive damages up to $500. Do not treat those remedies as automatic.
The practical question is whether the record shows the trigger, the missing or defective response, and the reason the withholding was wrongful. Mailing address or delivery-instruction proof, the written statement, interest calculation, inspection record, and deduction support all matter.
Do not assume the security deposit can be used as last month's rent. Minnesota restricts that and can create tenant exposure if rent remains unpaid after proper demand and notice.
Official Minnesota sources
Source reviewed: April 2026.
- Minn. Stat. section 504B.178
- Minn. Stat. section 504B.182
- Minn. Stat. section 491A.01
- Minnesota Attorney General landlord and tenant handbook
Verify current statute text and court procedure before filing or relying on a deadline in court.
Related Minnesota guides
- Minnesota security deposit deadline
- Deposit not returned in Minnesota
- Minnesota move-out checklist
- Minnesota demand letter guide
The statute guide explains the rule. The paid system gives you Minnesota-specific letters that turn the statute into a calm sequence: preserve the record, request what is missing, escalate with the rule, and make a final demand.
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