Previous apartment hasnt given security deposit back within 30 days

[ccouns01]

Jurisdiction

Michigan

Hello everyone. My SO and I just purchased a house. We were month-to-month at our apartments and gave them the required 30 day notice of intent to vacate. We handed in our keys on 9/5/17. Per Michigan law they had 30 days to send us our deposit or a list of damages. It is now 10/11 and we haven't received anything. I called them to see if they had sent it out and we were informed they're still working on it. Looking it up on google it seems we are no longer responsible for damages (there shouldn't have been much beyond normal wear & tear anyways), as well as our security deposit back. We intend on sending a demand letter via certified mail, but then what? I know it's only about a week that they're late, so would this even hold up? Any advice on how to approach this? Thanks! I've included an expert for MI's security deposit law below....




"554.609 Itemized list of damages; check or money order; contents of notice of damages.
Sec. 9.
In case of damage to the rental unit or other obligation against the security deposit, the landlord shall mail to the tenant, within 30 days after the termination of occupancy, an itemized list of damages claimed for which the security deposit may be used as provided in section 7, including the estimated cost of repair of each property damaged item and the amounts and bases on which he intends to assess the tenant. The list shall be accompanied by a check or money order for the difference between the damages claimed and the amount of the security deposit held by the landlord and shall not include any damages that were claimed on a previous termination inventory checklist prior to the tenant's occupancy of the rental unit. The notice of damages shall include the following statement in 12 point boldface type which shall be at least 4 points larger than the body of the notice: "You must respond to this notice by mail within 7 days after receipt of same, otherwise you will forfeit the amount claimed for damages.".

Failure by the landlord to comply with the notice of damages requirement within the 30 days after the termination of occupancy, constitutes agreement by the landlord that no damages are due and he shall remit to the tenant immediately the full security deposit."

 

[army judge]

Hello everyone. My SO and I just purchased a house. We were month-to-month at our apartments and gave them the required 30 day notice of intent to vacate. We handed in our keys on 9/5/17. Per Michigan law they had 30 days to send us our deposit or a list of damages. It is now 10/11 and we haven't received anything. I called them to see if they had sent it out and we were informed they're still working on it. Looking it up on google it seems we are no longer responsible for damages (there shouldn't have been much beyond normal wear & tear anyways), as well as our security deposit back. We intend on sending a demand letter via certified mail, but then what? I know it's only about a week that they're late, so would this even hold up? Any advice on how to approach this? Thanks! I've included an expert for MI's security deposit law below....

"554.609 Itemized list of damages; check or money order; contents of notice of damages.
Sec. 9.
In case of damage to the rental unit or other obligation against the security deposit, the landlord shall mail to the tenant, within 30 days after the termination of occupancy, an itemized list of damages claimed for which the security deposit may be used as provided in section 7, including the estimated cost of repair of each property damaged item and the amounts and bases on which he intends to assess the tenant. The list shall be accompanied by a check or money order for the difference between the damages claimed and the amount of the security deposit held by the landlord and shall not include any damages that were claimed on a previous termination inventory checklist prior to the tenant's occupancy of the rental unit. The notice of damages shall include the following statement in 12 point boldface type which shall be at least 4 points larger than the body of the notice: "You must respond to this notice by mail within 7 days after receipt of same, otherwise you will forfeit the amount claimed for damages.".

Failure by the landlord to comply with the notice of damages requirement within the 30 days after the termination of occupancy, constitutes agreement by the landlord that no damages are due and he shall remit to the tenant immediately the full security deposit."

If the deposit or an explanation isn't forthcoming within the applicable state law, the landlord isn't required to do anything.

You can't make the landlord do anything, either.

Your remedy, should you dispute the landlord's behavior, is to take the matter to small claims court.

If you are due $2,000 in security deposit to be returned, but the landlord claims you did $1999.00 worth of damages and you receive a $1.00 check, your option is to seek redress through smal claims court.

Don't expect to tell anyone that Law ABC123 says you must, only a judge has that authority.

last, but of utmost importance, the court won't award you the money.

The court will award you a judgment for $2,000, that you must endeavor to collect.

Are you starting to understand how difficult it is, despite what the law may say?

Good luck.

 

[zddoodah]

We intend on sending a demand letter via certified mail, but then what?

Well...that depends on how the landlord responds to your letter.

I know it's only about a week that they're late, so would this even hold up?

I'm not entirely sure what "would this even hold up" means, but the statute you quoted is pretty clear as to what happens if the landlord doesn't send the notice within 30 days.

Any advice on how to approach this?

I think the letter you intend to send is the appropriate first step.