security deposit because when I moved out my oriental rug that was underneath my dining room table in the kitchen which has 10 year old linoleum when I moved in. When I moved the rug it had turned the floor yellow where the rug was. She never stated in the lease that I could not lay down a rug on that floor. Who is in the right? Can she legally hold all of my deposit for this? It was not deliberate my any means. Should I take her to small claims or hire an attorney for this situation or do I not stand a chance. I live in Macomb MI Please help!!
I believe you have asked this question before. Do you have proof of the security deposit? Did you comply with the security deposit regulations? Was there a lease or were you month to month? Did you give proper notice? Was the yellowing of the floor due to the rug, or did the rest fo the floor, uncovered, fade? Have you seen a copy of the estimate to "repair" the damage, and have you had opportunity to solicit a competing bid.
I believe you need to discuss this with counsel to determine your options, a suit in small claims or with an attorney is a possibility but, without significant additional information it is impossible to give a firm opinion on your chances.
To the PROSPECTIVE client, please call myself or another attorney for you choice with more detaiils and an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .
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IMPORTANT that you object to LL's claim IN WRITING immediately. Then LL has to take you to court within 45 days from your move-out date, to document and prove the claim for damages. You would file an Answer disputing the claim and you can have a trial (or settle for an agreed amount) The security deposit belongs to you until LL proves the back rent and/or damages are legitimate. If LL doesn't file suit in time then YOU can sue LL for double the amount of the deposit!
Personally I think the claim sounds bogus- I never heard of an oriental staining anything. Do some research regarding that issue. Can argue normal wear & tear.
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The above answer is generalized reply to an question and is not intended to be legal advice or establish an attorney-client relationship with you. If necessary you should meet with an attorney and provide the attorney with all relevant documents and get an attorney opinion or advice on your situation.
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