Minnesota security deposit law
Source: Minn. Stat. §§ 504B.178, 504B.182 · Checked against the statute
- Maximum deposit
- No statutory limit.
- Return deadline
- 21 days after the tenancy terminates (Landlord has the tenant's mailing address or delivery instructions); 5 days after move-out (Building was legally condemned (not due to the tenant's conduct))
- If the landlord keeps it wrongly
- Missing the deadline or required inspections: the withheld amount plus interest as a penalty, on top of the amount wrongfully withheld plus interest. Bad-faith retention adds punitive damages up to $500 (§ 504B.178 subds. 4, 7).
Calculate your Minnesota deadline
Choose your state and move-out date to see when your landlord must return the deposit.
When the deposit must be returned
- Within 3 weeks after the tenancy ends, return the deposit with interest or give a written statement of the specific reasons for keeping any of it.
- Return the deposit with interest or give the written statement within 5 days after the tenant leaves.
The deadlines run only after the landlord receives the tenant's mailing address or delivery instructions.
Itemized list of deductions
Required: Yes. Written statement giving the specific reason for withholding any part of the deposit.
What can and can't be deducted
The landlord may withhold only what is reasonably needed to cover unpaid rent or other money owed, or to restore the unit to its condition at the start of the tenancy, excluding ordinary wear and tear. The statute does not define ordinary wear and tear.
Nonrefundable fees
The statute does not address nonrefundable fees.
Interest, bank account and move-in inspection
- Interest required: Yes. 1% a year, simple and noncompounded, from the first day of the month after the full deposit is paid; amounts under $1 are excluded.
- Separate account required: No. No separate account required; the deposit is not a fiduciary fund.
- Move-in inspection required: No. At the start of the tenancy or within 14 days of move-in, the landlord must tell the tenant they may request an initial inspection. The landlord must also give written notice that the tenant may request a move-out inspection, no earlier than 5 days before move-out (§ 504B.182).
Penalties and bad faith
Missing the deadline or required inspections: the withheld amount plus interest as a penalty, on top of the amount wrongfully withheld plus interest. Bad-faith retention adds punitive damages up to $500 (§ 504B.178 subds. 4, 7).
Retention is presumed to be in bad faith if the landlord missed the return/statement deadline or the transfer rule, unless the deposit is returned within 2 weeks after the tenant starts a lawsuit.
Getting your deposit back in court
Conciliation court hears claims up to $20,000 (Minn. Stat. § 491A.01). Court information
Before filing, many tenants send a written demand first. Write a Minnesota demand letter →
City and county rules
- Saint Paul: Deposit and prepaid rent each capped at 1 month's rent, with one more month allowed for an applicant who could otherwise be denied (Tenant Protections Ordinance, Legislative Code ch. 193, effective May 14, 2026).
- Minneapolis: Deposit capped at 1 month's rent. If other upfront payments are required, the deposit is capped at half a month's rent payable over 3 months. Up to 1½ months' rent when a government agency or nonprofit refers the renter (Code § 244.2040). A returned deposit must come with copies of Minn. Stat. § 504B.178 and Minneapolis Code § 244.2040.
Also good to know
- In any lawsuit, the landlord must prove the reason for withholding by a fair preponderance of the evidence.
- A tenant generally may not withhold the last rent payment on the theory that the deposit covers it; doing so can make the tenant liable for a penalty (§ 504B.178 subd. 8).
- The landlord must transfer or return the deposit within 60 days after selling or otherwise losing their interest in the property.
- A lease cannot waive these rules.
Sources
- Minn. Stat. § 504B.178 Retrieved October 11, 2026.
- Minn. Stat. § 504B.182 Retrieved October 11, 2026.
- Minn. Stat. § 491A.01 Retrieved October 11, 2026.
- City of Minneapolis: Rental security deposits Retrieved October 11, 2026.
- City of Saint Paul: Tenant Protections Ordinance Retrieved October 11, 2026.
Laws change. This page was checked against the sources above on October 11, 2026. It is legal information, not legal advice; see our methodology.