Q I am on a month-to-month lease for $670 a month. I am buying a home and would like to move out at the end of next month. Unfortunately, I didn't really know if the sale was going through, so I have not given any notice yet.

Since I had to pay a deposit when I moved in, if I just move out, will they take my deposit and call it even? I could mail them a check for the difference. Since I'm buying a house, I don't really care if my renter's credit is screwed up for a bit.

The apartment looks the same as the day I moved in. The complex changed owners midway through, and they never made me do a check list or anything for damage to the apartment. I feel like they will just keep my deposit to be jerks, so legally can the deposit be used for the last month's rent?

A Your security deposit is considered separate from your rent, because it's money used to cover damages to the apartment. If you move without paying the last month's rent, the landlord can send you a notice pursuant to Minnesota Statute 504B.178, indicating that they will charge you a penalty of an additional month's rent unless you pay the rent within the required time. So, if you fail to pay the last month's rent, you could end up paying double.

Your security deposit cannot qualify as your last month's rent, unless you and your landlord agree to it. If so, get the agreement in writing.

Q Last week I e-mailed my landlord with a request to look into a possible mold problem. I told her that I was having bronchial issues and was concerned that there is mold in the building. I also told her that there was a weird smell in my kitchen.

Three days after checking into it, she wrote me back saying that her mold inspection, following the Minnsota Department of Health website tips, found no evidence. But then she attached a notice to terminate tenancy. I am on a month-to-month lease. Does she have the right to terminate me for any reason?

A It sounds like your landlord may have retaliated against you for requesting that she look into a habitability issue. Minnesota Statute 504B.285 prohibits a landlord from terminating a tenancy if the reason for the termination is in retaliation for the tenant's attempt to secure or enforce rights under the lease.

Unfortunately, the issue may only be raised as a defense to an eviction action for holding over after the landlord has attempted to terminate the tenancy. To raise that defense, you have to continue to live there, and then defend yourself in an eviction action. You may wish to contact an attorney or an organization such as Homeline at 612-728-5767 to discuss your legal rights.

Kelly Klein is a Minneapolis attorney. Do not rely on advice in this column regarding a legal situation until you consult a qualified attorney; information provided by readers is not confidential; participation in this column does not create an attorney/client relationship, and no such relationship is created without a retainer agreement with Klein. If you have questions concerning renting, you can e-mail her at kklein@kleinpa.com, post your questions at www.startribune.com/kellyklein or write in care of Star Tribune, 425 Portland Av. S., Minneapolis, MN 55488.

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