Minnesota Abandoned Tenant Property Notice

Introduction

Key Things to Know

1. 1

   A Minnesota notice of sale is the written notice Minn. Stat. 504B.271, subdivision 1(d), requires before a landlord sells a former tenant's abandoned belongings. The statute prints no form and lists no contents beyond the sale itself, but it fixes how the notice must travel: personal service in writing, or first class and certified mail to the tenant's last known address or usual place of abode if the landlord knows it, and in either case a posting in a conspicuous place on the premises at least two weeks before the sale.

2. 2

   The procedure starts with abandonment of the rented premises. Subdivision 1(a) then lets the landlord take possession of the personal property remaining there, and in the same sentence says the landlord shall store and care for it. The landlord has a claim against the tenant for the reasonable costs and expenses of removing, storing and caring for the goods. Where the landlord unlawfully took possession, subdivision 3 flips that cost: the landlord pays for removal, storage and care.

3. 3

   Two clocks run, and both must be satisfied. The first is 28 days, counted from the later of the day the landlord receives actual notice of the abandonment and the day it reasonably appears the tenant has abandoned. The second is the sale notice, at least 14 days before the sale; where mail is used, the 14 days start on the day the notices are deposited in the United States mail. The posting must be up at least two weeks before the sale.

4. 4

   Until the sale, the goods still belong to the tenant, and the retake rule in subdivision 2 is strict. After a written demand by the tenant or the tenant's duly authorized representative, the landlord must allow the tenant to retake possession within 24 hours, or within 48 hours, exclusive of weekends and holidays, where the goods were removed and stored somewhere other than the premises. A court weighing punitive damages considers the nature and value of the property, the effect of the deprivation, any unlawful taking and any bad faith.

5. 5

   From the proceeds of a sale the landlord may apply a reasonable amount to removal, care and storage costs and expenses, or to the claims the statute authorizes by cross-reference to Minn. Stat. 504B.178, subdivision 3, paragraphs (a) and (b). Any remaining proceeds shall be paid to the tenant upon written demand. The statute sets no deadline for that demand and no public-fund destination for an unclaimed balance.

6. 6

   No lease clause can trade these rules away: under subdivision 4, any oral or written provision by which a tenant waives any part of Minn. Stat. 504B.271 is contrary to public policy and void. The section also reaches past ordinary tenancies, applying to occupants and owners of residential property after a mortgage foreclosure or a contract for deed cancellation once the period for redemption or reinstatement has expired.

7. 7

   Goods removed when the writ of recovery of premises and order to vacate is executed follow Minn. Stat. 504B.365, subdivision 3. If they go to storage off the premises, the landlord holds a lien for reasonable removal, care, storage and transport costs and may detain them until paid; after 60 days without payment it may hold a public sale under Minn. Stat. 514.18 to 514.22. If they stay on the premises, 504B.271 applies and a signed inventory, prepared in the presence of the officer, must be mailed to the tenant.

Minnesota Requirements for Abandoned Tenant Property Notice

• Facts Showing the Tenant Abandoned the Premises

  Minn. Stat. 504B.271 begins only if a tenant abandons the rented premises. Record what shows it, such as returned keys, a forwarding message or an emptied unit, and note the date you received actual notice and the date abandonment reasonably appeared. A landlord that unlawfully takes possession pays the removal, storage and care costs itself under subdivision 3.

• The 28-Day Count From the Later Date

  No sale or disposal may happen until 28 days after the landlord receives actual notice of the abandonment, or 28 days after it reasonably appears the tenant has abandoned, whichever occurs last. Write both dates down and count from the later one.

• Storage and Care of the Goods

  Subdivision 1(a) says the landlord shall store and care for the property once it takes possession. Say where the goods are kept, and keep receipts: the landlord's claim against the tenant is for reasonable costs and expenses of removing, storing and caring for them.

• A Sale Notice at Least 14 Days Ahead

  Before a sale, subdivision 1(d) requires reasonable efforts to notify the tenant of the sale at least 14 days before it. State the sale date and place in the notice. If mail is used, the 14 days are deemed to start on the day the notices are deposited in the United States mail.

• Personal Service or First Class and Certified Mail

  Deliver the notice by personal service in writing, or by sending it both first class and certified mail to the tenant's last known address or usual place of abode if the landlord knows it. Keep the certified mail receipt and a record of the first class mailing.

• A Posting in a Conspicuous Place on the Premises

  In addition to service or mail, post notice of the sale in a conspicuous place on the premises at least two weeks before the sale. Photograph the posting with the date visible and note where it was placed.

• The 24-Hour or 48-Hour Retake Window

  After a written demand by the tenant or a duly authorized representative, allow the tenant to retake the goods within 24 hours, or 48 hours exclusive of weekends and holidays if they are stored off the premises. Failing to can bring punitive damages up to twice actual damages or $1,000, whichever is greater, plus actual damages and reasonable attorney's fees.

• Proceeds Applied and the Balance Paid on Demand

  Record the sale and apply only a reasonable amount of the proceeds to removal, care and storage costs or to claims the statute authorizes. Under subdivision 1(c), any remaining proceeds shall be paid to the tenant upon written demand, so keep the balance and the accounting available.