A: In Minnesota, the law requires the landlord to send the deposit or a letter outlining why part or all of the deposit has been withheld. Ordinarily, the tenant informs the landlord of their new address or the landlord sends the deposit to the tenant’s last known address, and the deposit is forwarded along with the remainder of the tenant’s mail. A tenant can legally use a work address, a relative’s address or a post office box. In your case, your tenant has given you a mailing address, but is not picking up the certified mail. Her failure to pick up her mail is not your fault, and you have gone beyond the legal requirements for returning her security deposit. When you pick up the certified letter after delivery has been refused, simply hold onto it as proof that you sent it. If the tenant calls you again, you may tell her that you have more than complied with the law and that if she wants her deposit she can come and pick it up. At that time, you can issue her a new check or give her the old one, but have her sign a receipt acknowledging that she has received the deposit and that you have complied with your duty to send it.
Kelly Klein is a Minneapolis attorney. Participation in this column does not create an attorney/client relationship with Klein. Do not rely on advice in this column for legal opinions. Consult an attorney regarding your particular issues. E-mail renting questions to [email protected], or write to Kelly Klein c/o Star Tribune, 650 3rd Av. S., Minneapolis, MN 55488. Information provided by readers is not confidential.
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