Mattawan, MI asked in Real Estate Law and Landlord - Tenant for Michigan

Q: I recieved a security deposit but I not get it all back. I would like to fight this. Can i cash the check?

1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Landlord Tenant Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: You have VERY strict time lines to begin a suit -- you have only 7 days after receiving the itemized list and balance to dispute the landlord’s stated deductions. If that hasn't happened you need to dispute things IN WRITING and file the lawsuit to get the money back BEFORE that 7 day deadline!

There is nothing SPECIFIC about 'cashing the check' but I'd hold onto it just for appearances sake rather than cashing it. Again, so long as you start the lawsuit, the landlord is going to have a hard time claiming you are NOT due the amount of money he already refunded, so I don't think that is much at risk, but I'd not cash it since you'll be in court pretty quickly anyway.

Don't miss your deadlines however!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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