Landlord Used Security Deposit For Rent

[I_Need_Advice]

What is the name of your state (only U.S. law)? Minnesota

Moved into a new place last April. Signed a 1-year lease. In January of this year, former landlord informed me and spouse that the duplex the former landlord owned was being sold to son and wife and that my spouse and I had to vacate the unit before March 31st (that's when our lease ended) so son and wife could occupy unit. With this, former landlord drafted a letter that read, "...if you found another apartment sooner than April 1st, then we would pro-rate a decrease in the rent for March up to 10 days. This amount times the number of days (up to 10 days) would be refunded to you along with the return of your deposit." We cleaned up the unit and dropped off our keys into the former landlord's mailbox (as they were out of town) on February 28th.

We received a letter and a check in the mail today from the former landlord. The former landlord used our security deposit for March 2011 rent. He subtracted the cost of the rent and gave us the pro-rated amount plus interest only. As noted in the letter by the former landlord, we were supposed to receive the prorated amount along with our FULL deposit if we moved out before April 1st, so we assumed that that was our new agreement - not pay March 2011 rent or to have our security deposit used for March 2011 rent, especially as we are not occupying the unit now. Do we need to take the former landlord to court to receive the rest of our money or is what he did legal?

Thanks in advance.

 

[Banned_Princess]

What is the name of your state (only U.S. law)? Minnesota

Moved into a new place last April. Signed a 1-year lease. In January of this year, former landlord informed me and spouse that the duplex the former landlord owned was being sold to son and wife and that my spouse and I had to vacate the unit before March 31st (that's when our lease ended) so son and wife could occupy unit. With this, former landlord drafted a letter that read, "...if you found another apartment sooner than April 1st, then we would pro-rate a decrease in the rent for March up to 10 days. This amount times the number of days (up to 10 days) would be refunded to you along with the return of your deposit." We cleaned up the unit and dropped off our keys into the former landlord's mailbox (as they were out of town) on February 28th.

We received a letter and a check in the mail today from the former landlord. The former landlord used our security deposit for March 2011 rent. He subtracted the cost of the rent and gave us the pro-rated amount plus interest only. As noted in the letter by the former landlord, we were supposed to receive the prorated amount along with our FULL deposit if we moved out before April 1st, so we assumed that that was our new agreement - not pay March 2011 rent or to have our security deposit used for March 2011 rent, especially as we are not occupying the unit now. Do we need to take the former landlord to court to receive the rest of our money or is what he did legal?

Thanks in advance.

Yes you have to take your LL to court if you feel like you are owed your deposit, and feel like the LL is keeping it in bad faith. (that you definitely deserve it, and LL is trying to claim non deductible deductions.)

 

[I_Got_Banned]

Maybe I'm missing something...

You didn't pay your March rent even though should have by virtue of the fact that your lease did not expire until March 31st...

The LL offered to prorate "up to 10 days" off of your March rent "IF you left early" but since you didn't pay March rent, he was still entitled to 20 days rent for March... So he took it out of the deposit and refunded the difference!

So what are you planning on suing for?

 

[FarmerJ]

Office of Minnesota Attorney General Lori Swanson 4. SECURITY DEPOSITS

Landlords have the right to require tenants to pay a security deposit (sometimes called a “damage deposit”). This is money paid by the tenant and held by the landlord to pay for any damage, beyond ordinary wear and tear, the tenant might do to the rental unit. It can be used to pay for any unpaid rent or any money the tenant owes to the landlord under the lease or another agreement (e.g. water utility bills).
You were asked to be out by the end of march , you chose to leave before March 1 , you were not relieved of march rent obligation when LL gave you notice. According to the notice the LL gave you you owe march rent unless you can gather enough proofs to show someone else has already moved in since LLs in this state are not permitted to double dip meaning getting paid twice for same unit. Small claims court is where you will have to settle this.

 

[Searchertwin]

I agree with I Got Banned.
LL only agreed to prorate "up to 10 days off" leaving the rest of March rent because lease ended March 30.
He can deduct from deposit. I think he did you a favor and not took anything for cleaning, damages etc., if there was any.