Michigan Renter Information Please?

Question

We moved out over 30 days ago and have not yet recived our $300 security deposit back. We provided our new address to them, as well as a 30 day written notice, so everything should be good on that end. I just need to know what my next legal step should be. A complete answer with a credible online reference will get 10 points for best answer.

Answer 1

Did you notify the landlord of your forwarding address within 4 days of termination of occupancy?

554.611 Notice of forwarding address; effect of oncompliance.

Sec. 11.

The tenant shall notify the landlord in writing at the address given under section 4 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.

554.609 Itemized list of damages; check or money order; contents of notice of damages.

Sec. 9.

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 claimed for which the security deposit may be used as provided in section 7, 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.”.

554.610 Effect of noncompliance with notice of damages requirement.

Sec. 10.

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.

Next step: notify the landlord that he/she must return your full deposit, then small-claims court.

Answer 2

not enough info

Did you have a written lease?

you were a month to month tenant?  you gave 30 days advance notice (prior to date rent due) before leaving?

you did a walk-through of premises with LL and he noted you left everything in clean and undamaged condition?

Send letter requesting refund of your security deposit, noting that you gave required notice, left the place in excellent condition, and have not received your deposit nor a letter of explanation within 30 days

Answer 3

The landlord could possibly get fined. Please refer to the link below. I believe your best avenue would be to send your landlord a letter with this information from the link just to get your security deposit back. My Wife and I just went through the same thing.

You can also file a complaint to HUD -

www.hud.gov/local/mi/renting/tenantrig...

Also refer to www.nolo.com

Landlords may make deductions from a tenant's security deposit, provided they do it correctly and for an allowable reason. Many states require landlords to provide a written itemized accounting of deductions for unpaid rent and for repairs for damages and necessary cleaning that exceed normal wear and tear, together with payment for any deposit balance. Michigan is 30 days.

The deadlines vary from state to state, but landlords usually have a set amount of time in which to return deposits, usually 14 to 30 days after the tenant moves out -- either voluntarily or by eviction. (See Chart: Deadline for Returning Security Deposits, State-by-State.) Michigan is also 30days, but the landlord can also be fined double to security deposit if they are late.

(If your landlord is withholding your security deposit, see Get Your Security Deposit Back.)

Good luck