How long does a landlord have to return the security deposit after the lease is up?

Full question:

It is officially February 1. My lease has been over since Nov.1, 2006. I have not received my security and damage deposits. What should I do?

• Category: Landlord Tenant
• Date: 04/07/2025
• State: Minnesota

Answer:

Subdivision 3

Return of security deposit.

(a) Every landlord shall:

(1) within three weeks after termination of the tenancy; or

(2) within five days of the date when the tenant leaves the building or
dwelling due to the legal condemnation of the building or dwelling in which
the tenant lives for reasons not due to willful, malicious, or irresponsible
conduct of the tenant, and after receipt of the tenant's mailing address or
delivery instructions, return the deposit to the tenant, with interest thereon
as provided in subdivision 2, or furnish to the tenant a written statement
showing the specific reason for the withholding of the deposit or any portion
thereof.

Subdivision 4

Damages

Any landlord who fails to:

(3) transfer or return a deposit as required by subdivision 5, after receipt of
the tenant's mailing address or delivery instructions, as required in
subdivision 3, is liable to the tenant for damages in an amount equal to the
portion of the deposit withheld by the landlord and interest thereon as
provided in subdivision 2, as a penalty, in addition to the portion of the
deposit wrongfully withheld by the landlord and interest thereon.

Subdivision 5

Return of deposit.

Upon termination of the landlord's interest in the premises, whether by sale,
assignment, death, appointment of receiver or otherwise, the landlord or the
landlord's agent shall, within 60 days of termination of the interest or when
the successor in interest is required to return or otherwise account for the
deposit to the tenant, whichever occurs first, do one of the following acts,
either of which shall relieve the landlord or agent of further liability with
respect to such deposit:

(1) transfer the deposit, or any remainder after any lawful deductions made
under subdivision 3, with interest thereon as provided in subdivision 2, to the
landlord's successor in interest and thereafter notify the tenant of the
transfer and of the transferee's name and address; or

(2) return the deposit, or any remainder after any lawful deductions made
under subdivision 3, with interest thereon as provided in subdivision 2, to the
tenant.

Subdivision 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 $200 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.