Re: Security Deposit - Landlord Forum thread 351761

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

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.

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