Itemized Damages Question

[sanatrol]

I have a rental property in Oakland County, Michigan. After the tenant moved out they did not send a forwarding address per the Landlord Tenant Act. I sent them an itemized list of damages anyway because the damages were greater than the security deposit and I wanted to try to collect in small claims court. I purposefully kept the itemized list under $3000 to stay in small claims court. Tenant hired a lawyer and moved the case to district court. I amended the claim to cover the full amount of the damages (all damages were noted in the ending walkthrough that I performed and sent with the itemized list… I just did not put a value to all of the damages in the itemization).

I am now worried that by sending the itemized list with the lower damages (even though I was not required to by the landlord tenant act because they did not send forwarding address) that I locked myself into that value and the the judge will not accept my modified claim because it wasn't sent to the tenant within the requisite time.

Does anyone know of any precedents for this?

Thanks

 

[army judge]

I have a rental property in Oakland County, Michigan. After the tenant moved out they did not send a forwarding address per the Landlord Tenant Act. I sent them an itemized list of damages anyway because the damages were greater than the security deposit and I wanted to try to collect in small claims court. I purposefully kept the itemized list under $3000 to stay in small claims court. Tenant hired a lawyer and moved the case to district court. I amended the claim to cover the full amount of the damages (all damages were noted in the ending walkthrough that I performed and sent with the itemized list… I just did not put a value to all of the damages in the itemization).

I am now worried that by sending the itemized list with the lower damages (even though I was not required to by the landlord tenant act because they did not send forwarding address) that I locked myself into that value and the the judge will not accept my modified claim because it wasn't sent to the tenant within the requisite time.

Does anyone know of any precedents for this?

Thanks

This has nothing to do with precedent.
It has everything to do with a factual determination.
You'll be hard pressed to recover at trial, more than you originally sued to recover.
It could appear that you tried to cook or doctor the books.
You should always sue for the amount you believe you are owed, and indicate that you are aware it exceeds the statutory maximum.
But, you are willing to accept the statutory maximum in lieu of your actual damages and have sued in small claims court for judicial economy.

You best bet is to offer an explanation, which you have already put forth in this thread.
You do that, you can probably overcome the defendant's current claims.

But, you must PROVE (not just assert) your damages.
PROVE why you claim carpet cleaning was $500, for example.
You PROVE your damages with receipts.
You can't just allege it, if you wish to recover!