What are the security deposit rules in Minnesota?
Minnesota sets no cap on the size of a residential security deposit, but the deposit earns 1% simple annual interest and must be returned — with interest and a written statement of any specific withholding reasons — within three weeks after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions (five days if the building is condemned).
Deductions are limited to unpaid rent or other money owed and restoring the unit to its move-in condition, ordinary wear and tear excepted. A landlord who misses the deadline or skips the itemization owes the withheld amount plus interest plus an equal penalty, and bad-faith retention adds punitive damages of up to $500 per deposit. When the building is sold, the deposit must be transferred to the new owner or returned to the tenant within 60 days. Tenants cannot legally treat the deposit as last month's rent.
Minnesota security deposits at a glance
| Maximum deposit | No statutory cap |
|---|---|
| Return deadline | 21 days |
| Deadline conditions | Minn. Stat. 504B.178 subd. 3: within three weeks (21 days) after termination of the tenancy AND after receipt of the tenant's mailing address or delivery instructions — the clock is conditioned on the landlord having somewhere to send the money, a condition most secondary sources omit. If the tenant must leave because the building is legally condemned, the deadline drops to five days from the date the tenant leaves. The landlord must return the deposit with interest or furnish the written withholding statement within that window. |
| Itemization required | Yes |
| Itemization rules | A landlord who withholds any portion must provide a written statement showing the specific reason for the withholding (504B.178 subd. 3). Withholding is limited to amounts reasonably necessary (1) to remedy tenant defaults in the payment of rent or other funds due to the landlord, or (2) to restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted. |
| Separate account required | No |
| Interest owed to tenant | Yes |
| Account & interest rules | Deposits bear simple noncompounded interest at ONE PERCENT per annum, computed from the first day of the next month following full payment of the deposit to the last day of the month in which the landlord in good faith complies with the return/itemization duty; interest amounts under $1 are excluded (504B.178 subd. 2, current text double-read 2026-07-09). No escrow or separate-account requirement accompanies the interest duty. Stale-source alert: the rate has stepped down over the decades (it was 3% for deposits held before 8/1/2003, 5.5% earlier still), and old 3% figures still circulate in fifty-state charts — current law is 1%. |
| Pet deposits | No separate pet-deposit statute. A refundable pet deposit is money held to secure performance and rides the 504B.178 scheme — same interest, same three-week return, same itemization. |
| Non-refundable fees allowed | Not addressed by statute |
| Penalty for violation | Failure to provide the deposit, interest, or the written withholding statement within the statutory window makes the landlord liable for the portion of the deposit withheld plus interest, PLUS a penalty in an equal amount — i.e., roughly double the wrongfully withheld sum (504B.178 subd. 4). Bad-faith retention additionally exposes the landlord to punitive damages of up to $500 for each deposit on top of the subd. 4 damages (subd. 7). Both figures double-read against current text 2026-07-09. |
| Tenant forwarding-address duty | The three-week return clock runs only after the landlord's receipt of the tenant's mailing address or delivery instructions (504B.178 subd. 3), so a tenant who never supplies one suspends their own refund. Separately, the tenant may NOT apply the deposit to the last month's rent — withholding final-period rent 'on the grounds that the deposit should serve as payment' is expressly prohibited (subd. 8). |
Notes and caveats
Statute citations
- Minn. Stat. 504B.178 subds. 2-8 Official source
How this record was verified: Direct read of statute text on the official Minnesota Revisor of Statutes site (revisor.mn.gov, Minnesota Statutes 2025 edition): Minn. Stat. 504B.178, 504B.177, and 504B.211 each fetched twice in independent calls — the 1% interest rate, three-week/five-day return deadlines, $500 bad-faith punitive cap, 8%-of-overdue-rent late-fee cap, 24-hour entry notice, 8:00 a.m.-8:00 p.m. window, and $500-per-violation entry penalty all matched verbatim across reads. 504B.135 and 471.9996 read twice each (HTML fetch plus the Revisor's official PDF read in full). 504B.147 and 504B.120 read once each. MN Attorney General landlord-tenant handbook (ag.state.mn.us) read for the 'one rental period plus one day' rent-increase derivation. 2026 enactment sweep on revisor.mn.gov: SF 4171 bill status and enrolled text read directly (Laws 2026 ch. 81, signed 2026-05-12, effective 2026-08-01 — flagged as pending, not incorporated, since the Statutes-2025 pages predate it); HF 3245 status read (died in House committee at sine die 2026-05-18, not flagged).