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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

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Minn. Stat. § 504B.178

Minn. Stat. § 504B.178 Minnesota state

...Return of security deposit. (a) Every landlord shall: (1) within three weeks after termination of the tenancy; or

Minn. Stat. § 504B.206

Minn. Stat. § 504B.206 Minnesota state

...The tenant relinquishes all claims for the return of the security deposit under section 504B.178 and is relieved of any other contractual obligation for payment of rent or any other charges for the remaining term of the lease, except...

Minn. Stat. § 504B.206

Minn. Stat. § 504B.206 Minnesota state

...Upon termination, all tenants relinquish all claims for the return of the security deposit under section 504B.178 and are relieved of any other contractual obligation for payment of rent or any other charges for the remaining term of the...

§ 504B

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

she should return to the premises so Driggs could give back the security deposit. After

§ 491A

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

ordered that the balance of the security deposits, $2,860, be returned to respondents. The

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

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

Under a pledgor-pledgee relationship, the lessor may commingle the security deposit funds but is prohibited from permanently disposing of the deposit or jeopardizing the possibility of returning the deposit to the lessee. See

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

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

At trial, Schommer testified that appellant directed him not to return the security deposits to most of those customers who had fulfilled the terms of their automobile leases. Appellant denied directing Schom-mer to unlawfully withhold the deposits, but appellant...

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 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...

§ 20

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

. 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...

§ 504B

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

...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, which is returned if an application...

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

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

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.

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

...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 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.

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

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

...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, which is returned if an application...

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

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

...On February 10, Driggs left Cocchiarella a voicemail, stating that she should return to the premises so Driggs could give back the security deposit. After some discussion with Cocchiarel-la at the apartment, Driggs “changed his mind” and again told...

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

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

...Later that day, Driggs requested that Cocchiarella return on February 3 to sign a lease and that she bring $2,400 in cash for her security deposit and the February rent. Cocchiarella returned to the premises on February 3, paid...

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

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

...was criminal to commingle the security deposit funds with other business funds. In any event it seems clear, based upon the state’s presentation to the jury, that had the deposits in fact been returned, appellant would not have been...