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

Q: 1) I received my apartment deposit today (October 16,2017). I moved out July 31st, 2017. 2) I called a couple of weeks

ago after waiting so long and they said it was returned even though I gave them a credible address in person written.

3) they charged me for a counter replacement and door "slatts" things I explained on my move in checklist already having issues and me making no change to those issues. Lessing my deposit by half.

I don't think I can afford small claims court? What should I do???? Leave it be? Not fair!

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

A: If you have PROOF you provided a WRITTEN forwarding address within 4 days of moving out, and have copies of the intake inventory showing the same damages claimed in the refund you have a pretty good case, but I'd advise you consult with a local landlord tenant attorney. You can sue for damages beyond the security deposit wrongfully withheld, but you should note the deadlines here: Michigan law provides that "Within 45 days after termination of occupancy and not thereafter the landlord may commence an action in a court of competent jurisdiction for a money judgment for damages which he has claimed or in lieu thereof return the balance of the security deposit held by him to the tenant or any amount mutually agreed upon in writing by the parties.” You have seven days from the date of receiving the claim to respond to it.

Of course since it appears he blew the 45 day limit, you can argue the 7 day limit shouldn't apply, but don't do that if you can avoid it -=- it is simpler if YOU comply with the law and then complain that he didn't rather than trying to ask for forgiveness!

You can sue in small claims court if your damages are under $5500 but be aware that he can demand removal from small claims to general district court if he wants to use an attorney.

Again, seek local legal counsel so you do this right, but 'just letting it go' is not the FIRST position you should consider.

-- 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.