Asked in Landlord - Tenant and Small Claims for Michigan

Q: I live in Iowa now. My previous apartment is not returning my security deposit. Can I file a small claim in Iowa?

I movedout of the apartment in Lansing in Jan 2019 breaking the lease. As per lease agreement, I keep paying rent until the leasing office leased it to someone else. They leased to another rentee in Match 11 2019. I had paid rent of March and I was told over phone that if some one takes over the lease I will get the refund for part of rent for which the apartment collects from someone else. I also paid the move out fees as per lease agreement. So far I have not received my security deposit and prorated rent of March. After moving out I filled out the inventory form and the leasing office inspected and saif everything was ok and there was no damage When I call leasing office they ask me to send a letter to their admin or main office. I have sent two letters to the apartment office about it and have not received any response yet. When I call leasing office they say they have no control over it and they can not help. The apartment owes me over $1000 and are evading from paying me back. Pl

2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Landlord Tenant Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: No -- your landlord has no 'connection' to Iowa, and the 'nexus' of the lawsuit -- if justified -- is in Lansing. Ingham County is where any lawsuit needs to be filed, but before you do that it is important to insure you've got a legal basis to do so. Did you provide all the written notices required? It sounds like you have check in and check out 'checklists' but it would be important to review those as well.

Seek local legal help in Lansing to walk you through this process as it is critical to 'do it right' to insure your best chance at success. Good luck

-- 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

David Soble
PREMIUM
David Soble
Answered
  • Landlord Tenant Lawyer
  • Farmington Hills, MI
  • Licensed in Michigan

A: You can only file an action pursuant to Michigan's Landlord -Tenant Relationship Act in Michigan. The lease and the defendant landlord require venue in District court.

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.