Showing 61–80 of 98 results
...In contrast, real property lease security deposits are regulated by Minn. Stat. § 504.20, subd. 2 (1998). That section specifically provides that “[a]ny deposit of money shall not be considered received in a fiduciary capacity within the meaning of...
permits landlords to request a $500-2,500 reimbursement for damage to property in excess of a security deposit. This Action
permits landlords to request a $500-2,500 reimbursement for damage to property in excess of a security deposit. This Action
permits landlords to request a $500-2,500 reimbursement for damage to property in excess of a security deposit. This Action
. While this model affords the lessee a greater expectation that the security deposit will be returned, it does not place a trust-like limitation on the lessor’s commingling of the funds and has never been found to support a...
Mattfeld v. Nester 32 N.W.2d 291 Date filed: 1948-04-16 Doctrine: security_deposit Source: https://www.courtlistener.com/opinion/3533510/mattfeld-v-nester/ --- 020lead by Peterson --- Peterson, Justice.
State v. Larson 605 N.W.2d 706 Date filed: 2000-02-03 Doctrine: security_deposit Source: https://www.courtlistener.com/opinion/1965076/state-v-larson/ --- 010combined by Lancaster --- OPINION LANCASTER, Justice.
Under the debtor-creditor model, title to security deposit funds transfers to a lessor upon receipt and without a limitation on the lessor’s use of the funds. See, e.g., Kalish,
No. C7-98-712, 1999 WL 17666 (Minn.App. Jan. 19, 1999). Advance payments became the property of the receiver on receipt, the court reasoned, but security deposits “are returned, not repaid.” Id.
however, does not resolve the underlying question of law as to who holds title to lease security deposits at what time. The trial court should have resolved this legal question in the first instance.
. Cocchiarella alleged that she had an oral lease agreement 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...
. The record demonstrates that appellant constantly commingled the funds and spent incoming security deposit funds on the day-today operations of SW Leasing. The state’s closing argument highlights its reliance on appellant’s misuse of funds during the pen...
Mary Cocchiarella v. Donald Driggs 870 N.W.2d 103 Date filed: 2015-09-08 Doctrine: security_deposit Source: https://www.courtlistener.com/opinion/2898011/mary-cocchiarella-v-donald-driggs/ --- 010combined by Johnson ---
Mary Cocchiarella v. Donald Driggs 884 N.W.2d 621 Date filed: 2016-08-31 Doctrine: security_deposit Source: https://www.courtlistener.com/opinion/4252990/mary-cocchiarella-v-donald-driggs/ --- 020lead by Dietzen --- OPINION
Molenaar v. United Cattle Co. 553 N.W.2d 424 Date filed: 1996-07-30 Doctrine: security_deposit Source: https://www.courtlistener.com/opinion/1857949/molenaar-v-united-cattle-co/ --- 020lead by Lansing --- OPINION
Appellant argued that he intended to return the security deposits but his poor financial situation prevented him from doing it. Appellant also argued that his debt prevented him from remitting to the state the excise taxes collected from automobile sales.
CRIMJIG 16.02 (3d ed.1990). The jury was instructed that the state had to prove that the defendant took “property of another,” but provided no guidance for the jury to decide whether the security deposits were property of another.
...At the omnibus hearing, appellant sought without success to obtain dismissal of the six theft counts, arguing that lease security deposits are not the “property of another” 7 for pur *709
paid into court, in the exercise of its discretion may order that it be deposited in escrow subject to appropriate terms and conditions or, in lieu of the payment of rents, may require adequate security therefor if such a procedure...
the state argues it is a question of fact whether security deposit funds are the “property of another.” 354 N.W.2d 438, 439 (Minn.1984). Fernow was prosecuted under section 609.52, subd. 2(1) for possessing and concealing...