A legal question and answer column for seniors.

DEAR SENIORS LEGAL LINE:

I am now living in my first apartment, having always lived in my own home throughout my younger years. This apartment is fine, but I would like to move closer to my children and have found a nice apartment to move to.

I have heard that people have problems getting their security deposits back when they move out of an apartment. There are so many lease terms and legal issues regarding security deposits, and it all seems so complicated to me. Could you help me understand the process so that I can maximize my chances of getting my full security deposit back?

Signed, Charlie

DEAR Charlie:

For those who do not know, a security deposit is money that you pay up front to your landlord when you move into an apartment. This is a sum of money that the landlord retains to be used in the event that there is damage beyond normal wear and tear to the apartment when you later move out. Minnesota law describes a specific interest rate that attaches to the security deposit. When you move out, this interest should be added to the security deposit amount.

Before you move out of your apartment, look at your lease. Is your lease a month-to-month lease or is it a fixed term lease? The reason you want to know is because you will want to give your landlord proper notice before you move out. If you have a month-to-month lease you normally have to give a 30-day notice to your landlord. For example, if you wanted to move out by November 30, 2006, you should give your 30-day written notice to your landlord no later than October 31, 2006, and it should state that you will be moved out by November 30, 2006. In this way, your landlord will have the full rental period of November to plan for your absence. Always keep copies of any correspondence to or from your landlord for your own records.

If your lease is for a fixed term, and the end of that term is not coming up soon, you will have to get permission from the landlord to break the lease. If you move out without permission, the landlord will hold you responsible for the remaining months of your fixed term (although he has a duty to mitigate by trying to find a new tenant). If the end of your lease term actually is approaching, you may still be required to provide proper notice at the end of the term according to the lease clauses, or you may be considered a month-to-month tenant after the term, which again still requires proper notice to vacate.

As you can see, your written notice to your landlord is your protection from your landlord alleging that you owe future months of rent.

Before you move, you should clean the apartment thoroughly. To protect yourself, take photographs and have a witness walk through your apartment with you before you move out. Your photos and your witness will be your proof that the apartment was not damaged beyond normal wear and tear should you have to go to court to get your security deposit.

Suppose you have given proper notice and moved successfully. As soon as you have moved out you should give your landlord your written forwarding address. Your landlord then has 21 days to provide you with your security deposit, plus interest, or with a written explanation of why you are not getting your full security deposit back. Normally landlords do not return security deposits if they have to repair the apartment.

If you dispute your landlord’s reasons for not returning your full security deposit, your recourse is to sue the landlord in Conciliation Court. Conciliation Court is the “people’s court” for civil disputes involving $7,500 or less. You do not need an attorney to go to Conciliation Court. Keep in mind that if you sue your landlord, your landlord may counter claim against you for other issues. For example, if there is unpaid rent or utilities owing that would not be covered by the security deposit, your landlord could ask the court to order you to pay the unpaid amount. If you lose at a Conciliation Court hearing, you can appeal the decision by removing it to District Court.

I hope that this gives you the guidance you need to properly move out of your apartment and get your security deposit back. If you have further questions or concerns, review your lease, discuss the matter with your landlord, and/or contact a legal advocate or legal service in your area.

Finally, be sure to read the lease to your new apartment carefully before you sign it. Leases can vary greatly in terms and rules, as well as in the possible consequences for non-compliance of those terms and rules. It is important that you read, understand, and agree with what you are signing before you commit to a lease that may impose restrictions that could be too difficult for your particular situation.

This column is written by the Senior Citizens’ Law Project. It is not meant to give complete answers to individual questions. If you are 60 years of age or older and live within the Minnesota Arrowhead Region, you may contact us for legal help or questions by writing to: Senior Citizens’ Law Project, Legal Aid Service of Northeastern Minnesota, 302 Ordean Bldg., Duluth, MN 55802. Please include a phone number and return address. To view previous articles, go to: www.lasnem.org. Reprint by permission only.