Published August 29, 2026
Minnesota landlords may withhold from a security deposit for damage beyond ordinary wear and tear, unpaid rent, and other tenant-caused loss. They may not charge for the normal deterioration that comes from living in a unit. The disputes almost always come down to which side of that line an item sits on — and who has photos.
The legal frame
Under Minnesota Statutes chapter 504B, a landlord must return the deposit or provide a written statement of withholding within 21 days after the tenancy ends and the landlord receives the tenant's forwarding address. Withholding in bad faith exposes the landlord to penalties beyond the amount itself, so the standard is: itemize, price, and prove.
Two additional principles decide most cases:
Useful life. You cannot charge a tenant the full cost of a component that was already partway through its life. Carpet with a 7-year life, replaced after 5 years of tenancy, is largely depreciated.
Cause, not condition. The question is not whether something is worn, but whether the tenant caused it beyond normal use.
Item by item
| Item | Normal wear and tear | Tenant damage |
|---|---|---|
| Walls | Small nail holes, faded paint, minor scuffs | Large holes, crayon, unapproved paint, anchors ripped out |
| Carpet | Traffic-pattern wear, matting, minor fading | Burns, pet stains and odor, tears, bleach spots |
| Hard flooring | Light scratching, finish wear | Gouges, water damage from a neglected leak, missing planks |
| Countertops | Light scratching | Burns, deep cuts, chemical etching |
| Doors | Loose hinge, worn finish | Punched or kicked panels, missing doors |
| Windows | Worn weatherstrip | Broken glass, torn screens |
| Appliances | Normal aging, worn racks | Broken shelves, unrepaired damage, missing parts |
| Bath | Grout wear, worn caulk | Cracked tile, broken fixtures, mold from unreported leak |
| Cleaning | Normal soil | Trash left, grease buildup, pet waste |
Depreciation matters
Charging replacement cost on a partly-used component is the fastest way to lose a deposit dispute. Prorate:
Charge = replacement cost × (remaining useful life ÷ total useful life)
Common useful-life assumptions: builder carpet 5–7 years, LVP 10–12, interior paint 3–5 years, blinds 3–5, appliances 10–15.
The documentation that wins
- Move-in condition report signed by the resident, with photos, at move-in
- Pre-move-out walk with the resident and a written list
- Move-out photo set taken before anything is touched
- Itemized statement with invoices or reasonable estimates and depreciation shown
- Dated everything
Without a move-in photo set, nearly every disputed charge becomes an argument you lose.
Practical policy for buildings
- Do not charge for repainting after a tenancy over three years unless there is actual damage.
- Do not charge full carpet replacement — prorate.
- Do charge full cost for pet urine contamination requiring pad and subfloor sealing; document with photos and the mitigation invoice.
- Write the itemized statement the same week keys come back, not on day 20.
This is general information for Minnesota property owners, not legal advice. For a specific dispute, consult an attorney.
Turns, documented
We do make-ready work with a full before-and-after photo set attached to every unit, which is exactly what deposit accounting needs. Call 612-400-8036.
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Frequently asked questions
How long does a Minnesota landlord have to return a security deposit?
Within 21 days after the tenancy ends and the landlord receives the tenant's forwarding address, along with a written statement of any withholding.
Can a landlord charge a tenant for repainting in Minnesota?
Not for normal fading and scuffing, especially after a long tenancy. Charges are appropriate for damage beyond ordinary wear, such as large holes or unapproved paint.
Can I charge full carpet replacement to a tenant?
No. Charges should be prorated by remaining useful life. Carpet with a seven-year life replaced after five years is mostly depreciated.