This is a guest blog post by Attorney Paul Birnberg. Paul is retired now, but used to work for Homeline, and we frequently found ourselves representing different sides in landlord-tenant cases. I always represented the landlord, and Paul always represented the tenant(s).
I subscribe to Paul's informative blog, and you should too. Here is the link:
https://birnberglegalwebsite.net/
Although we were frequently at odds in the courtroom, I greatly respect Paul, and we agree (I think this is a first) on on thing; namely, the Court of Appeals got it wrong in Mungall v. Garry Here is Paul's blog post:
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Mungall v. Garry: The Court of Appeals Misconstrues the 21-Day Clock in Minn. Stat. § 504B.178
By Paul Birnberg, [email protected]
When a residential tenant moves out at the end of the lease and gives the landlord a delivery address the landlord has a three-week deadline under Minn. Stat. § 504B.178 to return or account for the security deposit. Most practitioners, including tenant advocates, have assumed that the three-week clock starts after both of the following two things have happened — the tenancy has terminated and the landlord has received the delivery address.
On June 17, in an unpublished case but one of first impression, Mungall v. Garry, the Minnesota Court of Appeals ruled that the landlords missed the deadline when they waited exactly three weeks (21 days) after receiving the tenant’s delivery address but 26 days after the termination of her tenancy.
As discussed at length here (with four appendices) I believe the court was wrong. Its construction of section 504B.178 leads to illogical results and flies in the face of the statute’s legislative history. The clock should not start until 21 days after both of the following have occurred: the tenancy terminated AND the tenant gave the landlord delivery instructions for return of the deposit.
The appendices are here: Appendix 1 , Appendix 2 , Appendix 3 , Appendix 4
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The link to the blog post can be found here: https://birnberglegalwebsite.net/2019/07/22/mungall-v-garry-the-court-of-appeals-misconstrues-the-21-day-clock-in-minn-stat-%c2%a7-504b-178-2/
Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post. To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. The first thing I will ask you is what you want to have happen because, ultimately, the landlord is in control. I have represented many landlords, BUT DO NOT REPRESENT RESIDENTIAL TENANTS.
WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation. Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota. Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C. You should always discuss your situation with an attorney before taking any action based on what you may read in this blog. To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.
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