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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

State v. Larson, 605 N.W.2d 706 (2000)

Citation
State v. Larson, 605 N.W.2d 706 (2000)
Parent Document
State v. Larson, 605 N.W.2d 706 (2000)
Jurisdiction
Minnesota (state)
Effective Date
2000-02-03

Other Sections in This Document (127)

Full Text

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We join the majority of states in defining the lessor-lessee security deposit relationship as one of debtor to creditor. Absent more specific legislative regulation, and given the weight of common law and scholarly comment, a lessee maintains only an expectation that his security deposit is a debt that will be repaid. “A debt is not a trust and involves no fiduciary relationship or duty” between the parties involved. See Farmers State Bank of Fosston v. Sig Ellingson & Co., 218 Minn. 411, 418, 16 N.W.2d 319, 323 (1944). The Minnesota Constitution provides that: