Minnesota abandoned property law: 28 days, a 14 day sale notice and punitive damages
Minn. Stat. 504B.271 lets a landlord take, store and later sell property a tenant abandoned, after 28 days and a notice of the sale at least 14 days ahead. A landlord who blocks a tenant from retaking stored property after a written demand risks punitive damages.
What may you do when a tenant abandons?
Subdivision 1(a) lets the landlord take possession of the tenant's personal property remaining on the premises, but also requires the landlord to store and care for it. The landlord then has a claim against the tenant for reasonable costs and expenses of removing, storing and caring for the property.
Subdivision 1(b) sets the earliest sale date: 28 days after the landlord receives actual notice of the abandonment, or 28 days after it reasonably appears the tenant has abandoned the premises, whichever happens last. The wording picks the later of the two, which can push the date out when the landlord had suspicion first and confirmation later.
How do you notify the tenant of a sale?
Before a sale, the landlord makes reasonable efforts to notify the tenant at least 14 days ahead. That can be done by personal service in writing, or by sending written notice by first class and certified mail to the tenant's last known address or usual place of abode if known, and by posting notice of the sale in a conspicuous place on the premises at least two weeks before the sale. With mail, the 14 days start on the day the notices are deposited in the mail.
Example a made-up landlord learns on May 1 that the tenant has moved out and confirms it on May 3. Twenty-eight days after May 3 is May 31, the later date. To sell on or after May 31, the notice mailed and posted must go out at least 14 days earlier, no later than May 17.
Who gets the proceeds?
The landlord may apply a reasonable amount of sale proceeds to removal, care and storage costs and to claims authorized by section 504B.178, subdivision 3, paragraphs (a) and (b) (the deposit-related claims). Any remaining proceeds are paid to the tenant on written demand. Unlike statutes that let the landlord keep the surplus, Minnesota keeps it the tenant's.
When can punitive damages apply?
Subdivision 2 applies when a landlord, agent or person under the landlord's control, holding a tenant's property, fails to let the tenant retake it within 24 hours after written demand, or within 48 hours, excluding weekends and holidays, if the landlord stored it off the premises. The tenant recovers punitive damages up to twice actual damages or $1,000, whichever is greater, plus actual damages and reasonable attorney's fees. The court weighs the nature and value of the property, the effect on the tenant, whether the property was unlawfully taken and bad faith.
The punitive section does not apply to property already sold or disposed of under subdivision 1, or to housing authorities, though housing authorities must still allow retaking. A landlord who unlawfully took the property pays removal, storage and care costs (subdivision 3), and a tenant's waiver in a lease is void (subdivision 4).
How DoorKeeping supports Minnesota landlords
DoorKeeping records the date you first suspected abandonment and the date it was confirmed, then shows the later of the two plus 28 days. It keeps the sale notice, the certified mail receipt and a photo of the posted notice together, and logs any written demand from the tenant so the 24 and 48 hour deadlines are not missed. This is general information, not legal advice. Check the current statute or ask a local attorney before you act.
Sources
Questions
- How long must a Minnesota landlord wait to sell abandoned property?
- 28 days after actual notice of the abandonment, or 28 days after it reasonably appears the tenant abandoned, whichever occurs last, with notice of the sale at least 14 days before.
- Who gets the money from a Minnesota sale?
- The landlord may apply a reasonable amount to removal, care and storage and certain deposit-related claims, and remaining proceeds are paid to the tenant on written demand.
- What are the penalties in Minnesota?
- If a landlord does not let a tenant retake stored property within 24 hours of written demand (48 hours if stored off site), punitive damages up to twice actual damages or $1,000, whichever is greater, plus fees.