Security Deposit - Landlord Forum thread 351728

Security Deposit by Jeff on April 19, 2017 @10:56

The questions I asked yesterday about the tenants being able to file for getting their deposit back after 9 months of their moving out really wasn't answered I don't feel. I live in Michigan and the booklet I referred to in my former question ( Tenants and Landlords a practical guide ) as a timeline of action. It states "within 45 days - not thereafter _ of move out a suit can be filed in court! "MCL, 554.613 I take that to mean they have or I have 45 days to legally file in court an action to recover any damage deposit. Jeff
Also there were 2 tenants living there at the time both on the lease. My other was question was do they both have to sue ? as both their names were on the lease.
It seems like any questions that are ever asked on this forum are either not answered or they are answered by people maybe giving their own opinion not what actually is the law. I almost feel like its tenants that's are answering the questions not other landlords because all the answers seem to side with the tenants. I try very hard to do everything by the law and in the best interest of the both myself and the tenant. If the tenants had 2 cats and they signed 2 different forms stating they were aware of the condition of the entire apartment including the carpet and would be held responsible for any damage done to the apartment including the carpet by either them or their cats that should be good enough.
My question wasn't about the damaged carpet it was about the time limit for them to sue for their deposit back and whether both tenants had to file.

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Re: Security Deposit by AnonymousFL on April 19, 2017 @15:50	[ Reply ]

Sorry, but I think you are selling the people here a bit short. This is not a legal forum, but there are quite a few people with a lot of experience here that try to be helpful. They are also not being paid to be helpful. If the conversation is not going in the direction YOU are looking for, then YOU should steer it back in the direction YOU need. Complaining about decent people who are trying to help isn't going to get you anything helpful. Really, if you need answers you can be 100% confident in, you should seek out legal advice from a laywer in your area.

Re: Security Deposit by Katiekate (New York ) on April 19, 2017 @18:08	[ Reply ]

I am feeling a bit put out by you. Instead of doing the basic looking up the law yourself...you misinterpreted what a "booklet" said...and then get upset with experienced landlords here who tell you that the statue of limitations I. Small claims court is much much longer than 45 days. The only caveat being that everyone follow the law up to that point. This is what you should have looked up for yourself..... Act 348 of 1972 554.613 Action for damages; retention of security deposit; waiver. Sec. 13. (1) Within 45 days after termination of the occupancy and not thereafter the landlord may commence an action in a court of competent jurisdiction for a money judgment for damages which he has claimed or in lieu thereof return the balance of the security deposit held by him to the tenant or any amount mutually agreed upon in writing by the parties. A landlord shall not be entitled to retain any portion of a security deposit for damages claimed unless he has first obtained a money judgment for the disputed amount or filed with the court satisfactory proof of an inability to obtain service on the tenant or unless: ------------------ It talks about what the landlord needs to do with 45 days...not the tenant So...there is much more...some of the Michigan landlord tenant law does apply to your situations.... but...go get an attorney..or do the research yourself

Re: Security Deposit by NJ-LL (NJ) on April 21, 2017 @20:24	[ Reply ]

You should research Statutes of Limitation for Breach of Contract for your state. I would like think that this is covered under this because the LEASE is considered a contract. In NJ, it is 6 years (verbal or otherwise).

Re: Security Deposit by Anonymous Landlord on April 21, 2017 @22:14	[ Reply ]

This is what Michigan law requires of the landlord in security deposit handling; If landlord fails to notify tenant of claimed damages within 30 days of move-out, landlord is considered to have agreed that no damages are due and must immediately return the full deposit. (壯 554.610) If landlord claims damages and gives notice as required, the tenant must respond by mail to the landlord within seven days either to agree or disagree in detail with the claimed damages. Failure to do so forfeits the portion of the deposit withheld. (壯 554.612) Please note the word "must" means the tenant has an obligation to respond, but not a duty to respond. So don't count on the tenant forfeiting their security deposit under (壯 554.612) If the tenant(s) dispute the claimed damages as required in Mich. Comp. Laws 壯 554.612, The landlord, within 45 days of move-out must either sue for a money judgment in court, file with the court proof of an inability to obtain service on the tenant, or return the withheld portion of the deposit. If landlord fails to seek money judgment in court for disputed security deposit withholding's as required. The landlord is considered to have waived all claimed damages and becomes liable to the tenant for double the amount of the security deposit withheld. (壯 554.613) "My other was question was do they both have to sue ? as both their names were on the lease" Remember your lease states that all tenants are jointly and sever held to the terms of the lease. So they can sue jointly or as individuals. As individuals, they cannot both claim the same security deposit amounts. You need to review that you have followed all requirements and have your ducks in a row as you may need the assistance of a lawyer. The statue of limitations for contract disputes is six years in Michigan.