2006 Minnesota Statutes

504B.175 PRELEASE DEPOSIT.
    Subdivision 1. Definition. For the purpose of this section, "prelease deposit" means payment
given to a landlord from a prospective tenant of a residential dwelling unit before the prospective
tenant and the landlord have entered into a rental agreement. "Prelease deposit" does not include
the payment of a reasonable applicant screening fee used to conduct a background check on
the prospective tenant.
    Subd. 2. Limitations. (a) A prelease deposit may be accepted only if the landlord and
prospective tenant enter into a conspicuous written agreement that includes:
(1) the circumstances under which it will be returned; and
(2) that the landlord is required to return the prelease deposit within seven days of the
occurrence of a circumstance described in clause (1).
(b) "Return" means postmarked within seven days except that upon the prospective tenant's
request, a landlord may destroy the payment or hold it for retrieval by the tenant instead of
returning it by mail.
    Subd. 3. Application on entry into rental agreement. If a prospective tenant and landlord
do enter into a rental agreement, the prelease deposit must be applied to that tenant's security
deposit or rent.
    Subd. 4. Remedies. In addition to any other remedies, a landlord who violates this section is
liable to the payor of the prelease deposit for the amount of the deposit paid, plus one-half of
that amount as a penalty. A landlord who enters into a rental agreement with a tenant is not liable
under this section unless the landlord failed to comply with subdivision 3.
History: 1999 c 97 s 1; 1999 c 199 art 1 s 174