A POSSIBLE EVICTION:
A tenant can be evicted for non-compliance with the terms of the rental agreement, whether that agreement is written or not. However, residential tenants have certain rights which often are not expressed in the rental agreement. Those rights, if asserted properly through a defined legal process, can stop an unjustifable eviction from occuring.
Landlords who are in compliance with all aspects of the law can achieve an eviction against non-compliant tenants, but there is a strict procedure which must be followed and any departure from it will either impede or destroy the landlords ability to promtly effectuate a justifiable eviction.
Whether you are a tenant or a landlord, if an eviction appears to be possible, the best first step is to visit with an attorney to discuss your particular situation. Each case is differnet. Courts are sensitive to the rights of tenants, but our system places a high value on a property owners right to generate income from that property in any manner he/she chooses; so long as that use comports with the law.
At the end of the tenancy, upon proper demand by the tenant, a landlord must return the tenant's security deposit or give the tenant a written explanation as to why the deposit or any part of it has not been returned.
The landlord could be required to make the full refund within 21 days after receipt of the tenants notice. If the landlord does not return the security deposit in the time allowed, the landlord could be liable to the tenant for an amount of money well in excess of the original security deposit.
In general, Minnesota law allows a landlord to withhold from a security deposit only the amount of money necessary for unpaid rent, damages to the rental unit beyond ordinary wear and tear, or other money owed to the landlord under an agreement.
Pet odor abatement is often an expense initially subtracted from a security deposit.
When the landlord's interest in the property ends
because of foreclosure (or contract for deed cancellation), the security deposit
must be transferred to either the new owner, or the tenant. This transfer must be done within 60 days after the current landlord's interest in the property
ends, or when the new landlord is required to return the security deposit under the rental agreement.