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nathan s. wrote:
I faxed my landlord a letter within the four days after vacating the property. I do not have any proof except a copy. He is saying that he never got it and has not sent me a list or a check. It has been 4 months since then. My lawyer and I both sent demand letters and his lawyer nor he have responded. What should I do?
21/02 17:14:25
refadmin wrote:
Usually when a fax is sent, there is a transmittal document that indicates when and to whom it has been sent. In any event, MCL 554.610 provides that failure by the landlord to comply with the notice of damages requirement within the 30 days after the termination of occupancy, constitutes agreement by the landlord that no damages are due and he shall remit to the tenant immediately the full security deposit. Your landlord owes you the full security deposit back.
The security deposit is and always has been legally yours. Your landlord was required by law to perfect his right to your deposit either by agreement or by commencing an action in court. He did not. Now the four months have gone by and he is liable for double the security deposit. According to MCL 554.613(2), failure of the landlord to comply fully with this section constitutes waiver of all claimed damages and makes him liable to the tenant for double the amount of the security deposit retained.
If these laws have been made clear to the landlord and/or his attorney, and they continue to ignore their responsibilities, then you can file a suit in small claims court or alternatively have your attorney file suit in district court and request your attorney fees back. I have had success, preparing a complaint and sending it on before filing with a letter providing an opportunity to settle before the case is filed, or be subject to attorney fees. If the issue of whether you sent your 4 day letter is raised by the opposition, consider signing an affidavit attesting to the fact that you did fax the letter, the date, and attaching a copy, etc.
The security deposit is and always has been legally yours. Your landlord was required by law to perfect his right to your deposit either by agreement or by commencing an action in court. He did not. Now the four months have gone by and he is liable for double the security deposit. According to MCL 554.613(2), failure of the landlord to comply fully with this section constitutes waiver of all claimed damages and makes him liable to the tenant for double the amount of the security deposit retained.
If these laws have been made clear to the landlord and/or his attorney, and they continue to ignore their responsibilities, then you can file a suit in small claims court or alternatively have your attorney file suit in district court and request your attorney fees back. I have had success, preparing a complaint and sending it on before filing with a letter providing an opportunity to settle before the case is filed, or be subject to attorney fees. If the issue of whether you sent your 4 day letter is raised by the opposition, consider signing an affidavit attesting to the fact that you did fax the letter, the date, and attaching a copy, etc.
21/02 18:15:30
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08/02: How To Get Your Security Deposit Back From Your Landlord
Question:"I live in Michigan. My landlord has my security deposit of $3,800.00. That is quite a bit of money. I gave my forwarding address to the realtor who set up the rental unit for us. She represented the landlord. My forwarding address was sent to the landlord and via the representative. She responded to my email, thanking me for the address (on the 5th day). She also indicated there was damage to several items and she was going to get estimates. This occurred 25 days ago. We have been out of the unit for 31 days with no word from my landlord. What are my rights here?"
Answer:
First, consider whether the security deposit amount was a legal amount. According to MCL 554.602, a landlord may require a security deposit not to exceed 1 1/2 months' rent. This means that in order for the $3,800.00 security deposit to have been a legal amount, your rent had to be ~ $2,533.00 because $3,800.00 is 1 and 1/2 times $2,533.00. If your rent was less than $2,533, then the security deposit amount was illegal.
Furthermore, check to make sure that your security deposit was deposited in a regulated financial institution as required according to MCL 554.604. According to MCL 554.605, the security deposit is your property until the landlord establishes a right to the deposit or portions thereof and thus the reason for requiring that his funds be separated from yours. He cannot commingle the funds and put them into his own account thereby asserting control over them as though they were his.
Once the landlord's right to the deposit is established, he may only use it to reimburse his actual damages to the rental unit that are the direct result of conduct not reasonably expected in the normal course of habitation of a dwelling. He can also use it to pay for rent due under the rental agreement, rent due for premature termination by the tenant and for utility bills not paid by the tenant. MCL 554.607. Therefore, if the landlord is assessing damage to several items, make sure that the damage is not what would be reasonably expected in the normal course of habitation of a dwelling. Also, look to the inventory checklist.
According to MCL 554.608, the landlord shall make use of inventory checklists both at the commencement and termination of occupancy for each rental. The checklists must detail the condition of the rental unit for which a security deposit is required. At the commencement of the lease, the landlord shall furnish the tenant 2 blank copies of a commencement inventory checklist, which form shall be identical to the form used for the termination inventory checklist. The checklist shall include all items in the rental unit owned by the landlord including, but not limited to, carpeting, draperies, appliances, windows, furniture, walls, closets, shelves, paint, doors, plumbing fixtures and electrical fixtures. Unless the landlord and tenant agree to complete their inventory checklist within a shorter period, the tenant shall review the checklist, note the condition of the property and return 1 copy of the checklist to the landlord within 7 days after receiving possession of the premises. The checklist shall contain the following notice in 12 point boldface type at the top of the first page: “You should complete this checklist, noting the condition of the rental property, and return it to the landlord within 7 days after obtaining possession of the rental unit. You are also entitled to request and receive a copy of the last termination inventory checklist which shows what claims were chargeable to the last prior tenants.”. At the termination of the occupancy, the landlord shall complete a termination inventory checklist listing all the damages he claims were caused by the tenant.
If the landlord did not provide and obtain an executed inventory checklist, and you dispute that you caused the damage that is not reasonably expected in the normal course of habitation of a dwelling, then you should prevail.
Finally, check your timelines. According to MCL 554.609, in case of damage to the rental unit or other obligation against the security deposit, the landlord shall mail to the tenant, within 30 days after the termination of occupancy, an itemized list of damages, including the estimated cost of repair of each property damaged item and the amounts and bases on which he intends to assess the tenant. The list shall be accompanied by a check or money order for the difference between the damages claimed and the amount of the security deposit held by the landlord and shall not include any damages that were claimed on a previous termination inventory checklist prior to the tenant's occupancy of the rental unit. The notice of damages shall include the following statement in 12 point boldface type which shall be at least 4 points larger than the body of the notice: “You must respond to this notice by mail within 7 days after receipt of same, otherwise you will forfeit the amount claimed for damages.”.
The landlord's failure to comply with the notice timeline is fatal to his claim for damages. According to MCL 554.610, failure by the landlord to comply with the notice of damages requirement within the 30 days after the termination of occupancy, constitutes agreement by the landlord that no damages are due and he shall remit to the tenant immediately the full security deposit. You must get your security deposit back in full and you are relieved of any damages claimed!
Your only significant obligation here is to send your forwarding address within 4 days after termination of the occupancy. According to MCL 554.611, the tenant shall notify the landlord in writing at the address given within 4 days after termination of his occupancy of an address at which communications pursuant to this act may be received. Failure to comply with this requirement relieves the landlord of the requirement of notice of damages but does not prejudice a tenant's subsequent claim for the security deposit. Once you receive the notice of damages, according to MCL 554.612, you must respond by ordinary mail to the address provided by the landlord within 7 days, indicating in detail your agreement or disagreement to the damage charges listed. The date of mailing shall be considered the date of your response.
The landlord is not allowed to just keep the money because again, it is legally yours as the tenant. The landlord can only keep all or part of the security deposit if he receives a judgment for the disputed amount. According to MCL 554.613, the landlord may within 45 days after termination of the occupancy, and not thereafter, commence an action for a money judgment for damages which he has claimed or return the balance of the security deposit held by him to you. A landlord shall not be entitled to retain any portion of a security deposit for damages claimed unless he has first obtained a money judgment for the disputed amount or filed with the court satisfactory proof of an inability to obtain service on the tenant or unless: (a) the tenant has failed to provide a forwarding address; (b) the tenant has failed to respond to the notice of damages; (c) the parties have agreed in writing to the disposition of the balance of the deposit claimed by the landlord; (d) the amount claimed is entirely based upon accrued and unpaid rent equal to the actual rent for any full rental period or portion thereof during which the tenant has had actual or constructive possession of the premises.
If you have trouble with your landlord, you can commence an action in small claims court. You can also contact the attorney general to bring an action on your behalf according to MCL 554.615.
Therefore, to narrow the answer, if you have not received your notice within the 30 day timeline, write a letter to the landlord indicating that he has failed to abide by the law, and according to MCL 554.610, his failure constitutes his agreement that no damages are due. Tell him that the law requires that he send you immediately the full security deposit. His failure to do this will force you to take him to court and he will end up paying you not only your security deposit, but your fees and expenses in bringing the action.