SECURITY DEPOSIT ITEMIZATION & REFUND LETTER
(Minnesota Residential Tenancy)
[// GUIDANCE: This template is drafted as a formal letter that also contains contractual undertones to strengthen enforceability. Attorneys may delete or condense sections that are unnecessary for a straightforward mailing, but the complete architecture is provided to satisfy the user’s mandate and to offer maximum protective language.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title and Parties
Re: Security Deposit Itemization and Refund – [PROPERTY ADDRESS] (“Premises”)
From: [LANDLORD LEGAL NAME], a [STATE] [entity type] (“Landlord”)
To: [TENANT LEGAL NAME] (“Tenant”)
Mailing Address Provided by Tenant: [TENANT FORWARDING ADDRESS]
1.2 Recitals
A. Landlord and Tenant entered into that certain Residential Lease Agreement dated [LEASE DATE] (“Lease”) for the Premises.
B. Tenant surrendered possession of the Premises on [MOVE-OUT DATE] (“Termination Date”).
C. Tenant tendered a security deposit in the principal amount of $[DEPOSIT AMOUNT] (“Security Deposit”).
D. Applicable Minnesota landlord-tenant law (“Applicable Law”) requires Landlord to (i) return the Security Deposit with accrued interest and (ii) provide an itemized written statement of any lawful deductions.
E. Landlord now delivers this security deposit itemization letter in compliance with Applicable Law.
1.3 Effective Date & Jurisdiction
This letter is effective on the date first shown below and is governed exclusively by the laws of the State of Minnesota.
2. DEFINITIONS
For ease of reference, the following capitalized terms are used herein:
“Accrued Interest” – Simple interest calculated on the Security Deposit at the statutory rate from the date received by Landlord through the Termination Date.
“Applicable Law” – All federal, state, and local statutes, regulations, and ordinances governing residential tenancies in Minnesota, including, without limitation, statutory provisions regulating the return of security deposits.
“Itemized Statement” – The schedule of lawful deductions set out in Section 3.2 below.
“Return Deadline” – The deadline prescribed by Applicable Law for Landlord to mail or deliver the Security Deposit balance and Itemized Statement to Tenant, i.e., no later than twenty-one (21) days after the later of (a) the Termination Date or (b) Landlord’s receipt of Tenant’s mailing address or delivery instructions.
[// GUIDANCE: Add or delete defined terms as necessary to match the final draft.]
3. OPERATIVE PROVISIONS
3.1 Calculation of Amount Due to Tenant
Principal Security Deposit: $[__]
Plus: Accrued Interest: $[__]
Less: Lawful Deductions (see 3.2): ($[__])
Amount Enclosed Herewith: $[__] (“Refund”)
[LANDLORD CHECK NO. _ IS ENCLOSED / FUNDS WILL BE remitted VIA [ACH/WIRE] TO account ending in _ ON OR BEFORE [DATE]]
3.2 Itemized Statement of Deductions
| # | Description of Deduction | Amount ($) | Supporting Documentation |
|---|---|---|---|
| 1 | Unpaid Rent for [MONTH/YEAR] | [____] | Ledger attached as Exhibit A |
| 2 | Repair: Wall damage, bedroom | [____] | Invoice attached as Exhibit B |
| 3 | Cleaning beyond ordinary wear | [____] | Receipt attached as Exhibit C |
| Total Deductions | $[____] |
[// GUIDANCE: Be specific. Generic labels such as “misc. damages” invite statutory penalties. Attach photographs, invoices, and time-stamped estimates where possible.]
3.3 Delivery
The Refund and Itemized Statement are sent via [FIRST-CLASS/REGISTERED] U.S. Mail to the forwarding address provided by Tenant on [DATE], thereby satisfying the Return Deadline.
3.4 Tenant Obligation to Review
Tenant is requested to review this Itemized Statement promptly and, if Tenant disputes any deduction, to notify Landlord in writing within [14] calendar days of receipt, detailing the basis for the dispute and supplying any supporting evidence.
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents and warrants that:
(a) All deductions enumerated in the Itemized Statement are lawful, reasonable, and supported by documentation available for Tenant’s inspection;
(b) The Refund amount is true, correct, and calculated in compliance with Applicable Law; and
(c) Landlord has not withheld any portion of the Security Deposit for ordinary wear and tear.
4.2 Landlord’s representations and warranties shall survive delivery of this letter.
5. COVENANTS & RESTRICTIONS
5.1 Landlord covenants to promptly refund any additional sums that may become due to Tenant if subsequent information reveals an overcharge or disallowed deduction.
5.2 Tenant covenants to pay Landlord any balance that may become due if additional lawful charges are discovered within the timeframe permitted by Applicable Law (e.g., utility bills with delayed invoicing).
6. DEFAULT & REMEDIES
6.1 Event of Default
(a) Landlord – Failure to deliver the Refund and Itemized Statement by the Return Deadline.
(b) Tenant – Failure to pay any additional sums owed under Section 5.2 within [10] days after written demand.
6.2 Remedies
(a) Tenant – In the event of Landlord default, Tenant may pursue statutory money damages, including any treble or penalty amounts expressly allowed by Applicable Law, plus reasonable attorneys’ fees.
(b) Landlord – Upon Tenant default, Landlord may initiate a civil action in the forum designated in Section 8.2 to recover the unpaid balance, together with reasonable attorneys’ fees if awarded by the court.
[// GUIDANCE: Minnesota law imposes automatic statutory penalties for bad-faith retention of deposits. Including this notice puts the landlord on record of compliance and may deter tenant claims.]
7. RISK ALLOCATION
7.1 Indemnification – Not applicable per metadata instructions.
7.2 Limitation of Liability
Landlord’s liability for any claim arising out of or relating to the Security Deposit shall be limited to the remedies and statutory penalties expressly provided under Applicable Law.
7.3 Force Majeure
Neither party shall be liable for delays in performance caused by events beyond its reasonable control, provided the affected party notifies the other promptly and resumes performance as soon as practicable.
8. DISPUTE RESOLUTION
8.1 Governing Law
This letter and any dispute arising herefrom shall be governed by the laws of the State of Minnesota, without regard to conflict-of-laws principles.
8.2 Forum Selection
The parties consent to exclusive jurisdiction and venue in the state housing court having competent jurisdiction over the Premises.
8.3 Arbitration
Arbitration is expressly excluded.
8.4 Jury Waiver
Nothing herein shall be construed as a waiver of any constitutional right to a jury trial.
8.5 Injunctive Relief
The parties acknowledge that disputes concerning money damages related to the Security Deposit typically do not warrant injunctive relief; however, either party may seek equitable relief where appropriate.
9. GENERAL PROVISIONS
9.1 Entire Agreement
This letter, together with all exhibits, constitutes the entire agreement between the parties concerning the Security Deposit and supersedes all prior or contemporaneous communications.
9.2 Amendments & Waivers
No amendment or waiver shall be effective unless in writing and signed by the party against whom enforcement is sought.
9.3 Assignment
Neither party may assign rights or delegate duties hereunder without the prior written consent of the other, except as required by law in connection with a sale of the Premises.
9.4 Severability
If any provision of this letter is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.5 Counterparts & Electronic Delivery
This letter may be executed in counterparts. Signatures delivered electronically or by facsimile shall be deemed original.
10. EXECUTION BLOCK
Executed as of [DATE].
LANDLORD:
Signature: _____
Name: [PRINTED NAME]
Title/Capacity: [MANAGER / OWNER / AGENT]
Mailing Address: [____]
Telephone: [____]
Email: [____]
[OPTIONAL TENANT ACKNOWLEDGMENT – remove if not desired]
TENANT:
I acknowledge receipt of the foregoing Security Deposit Itemization & Refund Letter and accompanying payment.
Signature: _____
Name: [TENANT PRINTED NAME]
Date: _________
[// GUIDANCE: Attach supporting exhibits (e.g., invoices, photos, ledgers) to bolster defensibility. Maintain proof of mailing (certificate of mailing, certified mail, or affidavit of service). Retain copies for the statutory record-keeping period.]