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

Q: I am moving from a home and am having a walk through done without a prior check list from when I first moved in can they

Withhold my deposit if they never renewed my lease and redid a new checklist

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

A: There needs to be an inventory checklist from when you moved in, not from the lease renewal -- be it an 'automatic month to month renewal or something more formal.

If there is no checklist from when you moved in, they will have a hard time showing YOU created some damage. That does not mean the landlord won't try, and you need to insure YOU follow all the guidelines to the letter to insure that you can complain if they do something improper.

PLEASE PLEASE PLEASE consult with a local landlord tenant attorney to insure you're doing what you need to. There are strict deadlines starting on the day you move out and turn over the keys for both YOU and the LANDLORD and it is important to realize that if you don't follow yours, the landlord may be relieved from following his. Be sure you do this right!

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

A: The importance of a move- in check list cannot be stressed enough. However if there is no move in check list, then the landlord has the same issue as you do - attesting to the former condition of a home. So if there is a dispute as to the move-out condition, it's your word against theirs.

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