Okay our tenant is gone, what do we do with the leftover stuff?

MINN. STAT. §504B.271

The landlord can take possession of the tenant's personal property that remains on the rented premises

Prior to any sale as allowed under Minnesota law, the landlord shall store and care for the tenant’s personal property.

The landlord has a claim against the tenant for the reasonable costs and expenses incurred to remove as well as to store and care for the tenant’s personal property1.

If your tenant abandons the rented premises:

The landlord may sell or otherwise dispose of the tenant’s personal property the later of:

• 28 days after the landlord receives notice of the tenant’s abandonment of the rented premises; OR

• 28 days after the landlord reasonably believes that the tenant has abandoned the rented premises2.

The process to dispose of your tenant’s abandoned

personal property:

At least 14 days prior to the sale of the tenant’s personal property, the landlord shall make a reasonable effort to notify the tenant in writing of the sale by:

• personal service; OR

• first class certified mail to the tenant’s last known address; AND

• posting notice of the sale in a conspicuous place on the rented premises two weeks prior to the sale3.

Notice to tenant of the saleof the tenant’s abandoned

personal property:

the removal of the tenant’s personal property;

the care of the tenant’s personal property;

the storage of the tenant’s personal property;

to compensate landlord for tenant’s failure to pay rent or amounts due to the landlord under the lease agreement;

to restore the rented premises to the condition it was at the beginning of the lease;

Any remaining proceeds shall be paid to the tenant by landlord upon written demand of tenant4.

Landlord may retain proceeds received from the sale of the tenant’s personal

property for costs related to:

Prior to a sale of tenant’s property, a landlord must allow tenant to retake possession of a tenant’s personal property within 24 hours of the written request of the tenant to landlord (if during the week) OR within 48 hours (if during a weekend or holiday) of tenant’s written notice, exclusive of weekends and holidays.

If landlord fails to allow tenant to retake tenant’s personal property, the tenant shall recover from the landlord punitive damages not to exceed twice the tenant’s actual damages or $1,000, whichever is greater, in addition to tenant’s actual damages and attorneys fees5.

Return of tenant’s personal property

To determine tenant’s punitive damages the court shall consider:

• the nature and value of the property;

• the effect the deprivation of the property has had on the tenant;

• if the landlord or other person acting under the landlord's direction or control unlawfully took possession of the tenant's property; and

• if the landlord or other person under the landlord's direction or control acted in bad faith in failing to allow the tenant to retake possession of the property6.

Determining tenant’s punitive damages

If the landlord or other person acting under the landlord's direction has unlawfully taken possession of a tenant's personal property, the landlord shall be responsible for paying the cost and expenses relating to the removal, storage, or care of the tenant’s personal property7.

Unlawful possession of tenant’s personal

property by landlord

In addition to personal property abandoned by tenants, this law also applies to:

personal property abandoned after the expiration of the period of redemption in a mortgage foreclosure;

Personal property abandoned after contract for deed has been cancelled8.

Application of this law

Statutory References

1. Minn. Stat. §504B.271, Subd. 12. Minn. Stat. §504B.271, Subd. 13. Minn. Stat. §504B.271, Subd. 14. Minn. Stat. §504B.271, Subd. 15. Minn. Stat. §504B.271, Subd. 26. Minn. Stat. §504B.271, Subd. 27. Minn. Stat. §504B.271, Subd. 38. Minn. Stat. §504B.271, Subd. 4

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