Okay our tenant

is gone, what do MINN. STAT.

we do with the §504B.271

leftover stuff?
If your tenant abandons
the rented premises:
 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.
 The process to dispose
of your tenant’s abandoned
personal property:
 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.
Notice to tenant of the sale
of the 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.
Landlord may retain proceeds received
from the sale of the tenant’s personal
property for costs related to:
 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.
 Return of tenant’s
personal property
 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.
 Determining tenant’s
punitive damages
 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.
Unlawful possession of
tenant’s personal
property by landlord
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.
Application of this law
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.
Statutory References

1. Minn. Stat. §504B.271, Subd. 1

2. Minn. Stat. §504B.271, Subd. 1
3. Minn. Stat. §504B.271, Subd. 1
4. Minn. Stat. §504B.271, Subd. 1
5. Minn. Stat. §504B.271, Subd. 2
6. Minn. Stat. §504B.271, Subd. 2
7. Minn. Stat. §504B.271, Subd. 3
8. Minn. Stat. §504B.271, Subd. 4
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