What can we do if a landlord is late (>30days) in returning our security deposit?

Asked 10 months ago - Troy, MI

Myself and two other roommates rented a place and separately paid 1/3 of the security deposit. On our contract, we moved out July 31st. We missed giving him the forwarding address within 4 days. On Sept 1st he provided a letter which was not legally correct and we disputed the claims. At the same time he sent our checks on the same day (postage marked). If it's beyond the 30 days (it is exactly 31 days) does our landlord lose claim to the charges (partial for utilities, repair, and cleaning fees)? Also I read that cleaning fees are not to be removed from a security deposit. Is this correct also?

Attorney answers (1)

  1. James P. Frederick

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Your summary is a bit difficult to follow. It sounds like you received your checks. The landlord has 30 days from the date of your providing the forwarding address, in order to send you a list of damages/charges or return your deposit. You then have 7 days to object. It sounds like he sent you a check instead of the list of damages. I see no cause of action on your part, especially since you did not meet the requirement of providing a forwarding address.

    Cleaning fees can be withheld, if that was agreed to under the lease. If that was not agreed to, then you may be able to file a small claims action against the landlord. Unless the cleaning fees were excessive, I would not bother.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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