Security deposit transfer

P

pearlclan

Guest
Jurisdiction
Michigan
I have been renting an apartment in Michigan for the past 22 years. At the time I signed the original lease, I paid a security deposit which is also documented in the lease. Recently, the owner of the property passed away and the property was transferred to his son. I was never asked to sign a new lease and have just been living as normal. I am now thinking of moving. Am I able to get the security deposit back? Thank you for your time and help.
 
pearlclan said:
Am I able to get the security deposit back?
Click to expand...


Yes, if you can PROVE you originally paid the deposit.

An easy way to do that is produce your original lease, or a copy of your original receipt for the deposit.
 
adjusterjack said:
Yes, it's a debt of the estate and if the son has inherited from the estate without addressing the debt, he is legally responsible whether he has the money or not.

See:

Michigan Legislature - Section 554.614

And:

Michigan Legislature - Section 554.604
Click to expand...
I know there are very specific laws with timing and such. He hasn't mentioned it to me at all but if I provide him with a forwarding address within 4 days, in writing, do I then wait another 30 days to see if he sends me anything? Do I need to ask for it and then give him the 30 days? I moved over the weekend, (with notice) and he signed a document that states I returned the premises in satisfactory condition and giving him my forwarding address. What I've read said he has 30 days to send me a reason why he won't be returning the deposit or to return it. Since he signed off on the condition, do I still need to wait the 30 days? I don't want to miss the small window of opportunity to ask for it, but I know they are very specific in handling these things. Thank you in advance for any help.
 
Couldn't hurt to call him up and ask him for the refund. Refer him to the statutes. Might avoid having to go to court if he's just not aware of his obligation and comes through with the refund.

If he doesn't send you the money by the end of 30 days, I suggest first sending him a demand letter with a completed (but not filed) small claims complaint form, a printout of the statute, and a deadline date to pay.

Make sure you are willing to file once the deadline passes. If you bluff and don't follow through, you lose.
 
adjusterjack said:
Couldn't hurt to call him up and ask him for the refund. Refer him to the statutes. Might avoid having to go to court if he's just not aware of his obligation and comes through with the refund.

If he doesn't send you the money by the end of 30 days, I suggest first sending him a demand letter with a completed (but not filed) small claims complaint form, a printout of the statute, and a deadline date to pay.

Make sure you are willing to file once the deadline passes. If you bluff and don't follow through, you lose.
Click to expand...
Thank you. I will be sure to follow through. I had the original signed lease and gave it to him when he took over the property (after making a photo copy for myself). He is of the opinion that since I only have a "copy" of the lease that I won't be able to enforce it. It will be interesting to see how things turn out. Bottom line, I paid the money, it's in the lease I paid it, and he signed a statement saying that there are no damages and was provided my new address within 4 days so I don't think he'll have a basis to keep it. I guess it will depend on if the judge shares my logic. Hopefully, it won't go that far. Thanks for your help.
 
Exactly, which is why I moved. I had a broken daylight window in the basement (the wood around it was rotted, letting rain, etc in) and his idea of "fixing" it was to have a friend take a large piece of plexiglass and glue it over the top of the window from the outside. Good luck with that meeting code if the fire inspector sees it. The window no longer opens and there is no exit from the basement bedroom. Better to walk away than to continue to be involved. lol
 
Last edited:

Share this page

Get a free case review from a lawyer
Back
Top