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Re: early lease termination/security deposit - Landlord Forum thread 324988

Re: early lease termination/security deposit by MrDan (Georgia) on September 27, 2014 @08:45

                              
Do they have any legal recourse for getting the deposit back? Possible, the use of security deposits is governed by Michigan P.A. 348, 1972. Your lease cannot waive any of your tenants’ rights under the Security Deposit Act.
'A security deposit has a specific purpose: to reimburse the landlord for damage to the rental unit, unpaid rent, or unpaid utility bills left by the tenant'.

The Truth in Renting Act prohibits lease clauses that waive a tenant's legal rights. The act also requires that all leases include the landlord's or manager's name and address, and a notice about the Truth in Renting Act.

Security deposits are the property of the tenant until the landlord establishes a valid claim to the money through judicial action or through a mutual agreement with the tenant. If there is a dispute over this money, the landlord must go to court to establish a claim to the disputed portion of the security deposit.

Both the landlord and tenant can mutually agree to terminate the rental agreement. It appears that you did so and tenant accepted "We told her that she can move out".

Michigan law can allow the tenant to receive double the security deposit for unlawful retention by landlord.

"we misrepresented the property" seems to be another can of worms. How was the property misrepresented?

You might need to contact an attorney, if the tenants' attorney feels he has grounds to pursue this in court. It could cost you more than a security deposit.
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Re: early lease termination/security deposit by Anonymous on September 27, 2014 @10:17 [ Reply ]
Huh? Didnt you read the posting?

Tenant is making unsubstantiated claim of fleas. Which if so...even then the tenant likely brought them it. But...making the claim and moving out has nothing to do with anything you just wrote.
    Re: early lease termination/security deposit by Anonymous on September 27, 2014 @11:13 [ Reply ]
    We don't know if the tenant claim is unsubstaintiated or not. We don't know if the landlord had allowed or the previous tenant had a pet. Fleas could have existed well before the new tenant moved in. The landlord has not provided any answer if an inspection for fleas were done or not and the results. Just he said she said right now.
    If michigan state law restricts how a landlord can keep the security deposit, then it appears the landlord can't keep the security deposit without going to court and making a claim.

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