Michigan Landlord/ Tenant Law Question: Previous Landlord is suing for $3783.80. He retained security/pet deposit of $1400...
Both landlords visited us throughout our 19 month stay either for repairs or just to stop by. Each time they visited, they expressed immense gratitude for how well we kept the home up (we are immaculate...a tad OCD). We had carpets professionally cleaned, & did them ourselves as we own a machine. During final walk through, after home was emptied, landlord agent said " Wow, you guys sure kept this home clean! We will really miss having you as tenants!" No inventory checklist was filled out during walk through, & no mention of damages.
Attorney answers (2)
Security deposits for residential rental units are subject to the Landlord And Tenant Relationship Act (sometimes referred to as the “Security Deposit Act” - but that Act also includes a provision related to termination of leases by senior citizens or persons no longer able to live independently). MCL 554.601, et seq.; MCLS 554.601, et seq.(MSA 26.1138(1), et seq.); PA 297 of 1984, PA 79 of 1995 (sometimes referred to as the "LTRA").
Cleaning costs are not "damages" which may be charged against the security deposit. Smolen v Dahlmann Apts. Ltd., 127 Mich App 108, 115 - 117; 338 NW2d 892 (1976), lv den 423 Mich 1205 (1985). In order to claim all or any part of the security deposit, the landlord must use inventory checklists both at the commencement and at the termination of occupancy which detail the condition of the rental unit: 1. At the commencement of the lease, the landlord must furnish the tenant two (2) blank copies of a commencement inventory checklist; 2. The checklist must include all items in the rental unit owned by the landlord, including, but not limited to, carpeting, draperies, appliances, windows, furniture, walls, closets, shelves, paint, doors, plumbing fixtures and electrical fixtures; and 3. Unless the landlord and the tenant agree to complete their inventory checklist within a shorter period, the tenant is to review the checklist, note the condition of the property and return one (1) copy of the checklist to the landlord within seven (7) days after receiving possession of the premises. MCL 554.608. The tenant must notify the landlord in writing within four (4) days after termination of occupancy of an address at which communications may be received. MCL 554.611. If the tenant does not do so, then the landlord probably is not required to send any notice of a claim of damages to the tenant. If the tenant provides the forwarding address and if the landlord claims damage to the rental unit or other obligation against the security deposit, the landlord must mail an itemized list of damages claimed, including the estimated cost of repair of each damaged item and the amounts and basis on which the landlord intends to assess the tenant to the tenant within thirty (30) days after the termination of occupancy. MCL 554.609. If the landlord claims damages to the rental unit and gives notice of damages, the tenant must respond within seven (7) days after receipt of the landlord’s notice, indicating in detail the tenant's agreement or disagreement to the damages listed. The date the tenant mails the response is considered the date of the tenant’s response. MCL 554.612. If the tenant objects to the claimed damages, the landlord must commence an action in court to adjudicate the rights to the security deposit within forty-five (45) days after termination of the occupancy. MCL 554.613. Failure of the landlord to comply fully with MCL 554.613 constitutes waiver of all claimed damages and makes the landlord liable to the tenant for double the amount of the security deposit retained. MCL 554.613(2). This gives you an overview. There are other issues and nuances raised by your question and you need to get legal assistance or spend some time educating yourself about the issues. The law covering security deposits have a lot of technical issues in it and the failure by one party or the other to give a required notice or to respond to a notice within the required time can determine the outcome of a dispute. 4 people marked this answer as good
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You need a lawyer - this is not something you should try and handle on your own. The Saginaw County Bar Association should be able to give you a referral: http://www.saginawbar.org/
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