§ 491A

Andrew Kaeding v. Karl Auleciems, Susanne Auleciems, 886 N.W.2d 658 (2016) Minnesota state

that they were retaining the entire security deposit based on the forfeiture clause in the

§ 491A

Andrew Kaeding v. Karl Auleciems, Susanne Auleciems, 886 N.W.2d 658 (2016) Minnesota state

504B.178 by agreeing to forfeit a security deposit as a remedy for violating a lease

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

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

When the lessee gives the security deposit to the lessor, the lessee has an expectation that the lessee will receive the deposit at the end of the lease term. 10

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

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

...Although some customers received their security deposits after the lease term, appellant failed to return hundreds of other customers’ security deposits. After receiving numerous complaints from SW Leasing customers, the state executed search warrants at SW Leasing on June 19...

§ 491A

Andrew Kaeding v. Karl Auleciems, Susanne Auleciems, 886 N.W.2d 658 (2016) Minnesota state

respondents that the entire security deposit was forfeited because the dogs were on the upper and lower floors.

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

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

Residential Tenant Security Deposits: A Legislative Proposal,

§ 491A

Andrew Kaeding v. Karl Auleciems, Susanne Auleciems, 886 N.W.2d 658 (2016) Minnesota state

...The heart of the present dispute is the two security deposits totaling $3,500.00. [Respondents] wanted the $3,500.00 returned. [Appellants] wanted to retain the $3,500.00 deposits and charge [respondents] an additional $1,425.00. Having...

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

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

...Appellant maintained that lease security deposits are merely a debt owed by the lessor to the lessee and, while this debt may be recovered in a civil action, failing to return the deposit funds could not form the basis for...

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

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

The lessor pledges to return the security deposit if the lease terms are fulfilled. See id.

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

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

The state argued in summation to the jury that appellant committed theft at two different moments: (1) when appellant used the security deposit funds during the term of the leases, and (2) when appellant failed to return the deposits to...

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

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

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...

Mary Cocchiarella v. Donald Driggs, 870 N.W.2d 103 (2015)

Mary Cocchiarella v. Donald Driggs, 870 N.W.2d 103 (2015) Minnesota state

of the security deposit and the first month’s rent. Cocchiarella commenced this action to

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

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

Larson appealed his convictions, arguing that lease security deposit funds are not the “property of another” under the theft statute 4

§ 504B

Mary Cocchiarella v. Donald Driggs, 884 N.W.2d 621 (2016) Minnesota state

...with Driggs, as shown by a receipt stating: “Deposit & 1st month rent.” Driggs’s position is that there was no lease agreement and that he requires applicants to pay a security deposit and first month’s rent with an application...

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

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

Comment at 400. Under this model, the security deposit is described as collateral for the use of the leased property. See id.

Mary Cocchiarella v. Donald Driggs, 870 N.W.2d 103 (2015)

Mary Cocchiarella v. Donald Driggs, 870 N.W.2d 103 (2015) Minnesota state

the payment of $2,400 for the security deposit and the first month’s rent. Yet the housing

Michael A. Knight v. Sean K. McGinity, 868 N.W.2d 298 (2015)

Michael A. Knight v. Sean K. McGinity, 868 N.W.2d 298 (2015) Minnesota state

December 2006, which Knight recovered by retaining McGinity’s security deposit; that

Mary Cocchiarella v. Donald Driggs, 870 N.W.2d 103 (2015)

Mary Cocchiarella v. Donald Driggs, 870 N.W.2d 103 (2015) Minnesota state

2 $2,400 for a security deposit and the first month’s rent, and he gave her a handwritten

Michael A. Knight v. Sean K. McGinity, 868 N.W.2d 298 (2015)

Michael A. Knight v. Sean K. McGinity, 868 N.W.2d 298 (2015) Minnesota state

with no expiration date; required a $525 security/damage deposit, a monthly rent

Love v. Amsler, 441 N.W.2d 555 (1989)

Love v. Amsler, 441 N.W.2d 555 (1989) Minnesota state

127 Mich.App. 108, 338 N.W.2d 892 (1983) (improper retention of security deposits violates state consumer protection statute); 49 Prospect Street v. Sheva Gardens,