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  1. #1
    Join Date
    May 2011
    Posts
    4

    Default Landlord Didn't Pay Full Deposit, Can I Sue for the Deposit or is It Too Late

    My question involves a security deposit in the State of: Michigan

    I left my previous home in great condition, rent was fully paid, I have all of my receipts, I have the written agreement for the lease to end. I provided my new address two days after moving out, the landlord said they misplaced it, I sent it again via company e-mail (we work at the same place). My landlord and I didn't perform a walk through together. She did a walkthrough of the home by herself three weeks after I moved out. She didn't send me any of my security deposit until after the 34th day that I moved out. She owed me $700, she only payed $108.

    I know for a fact that she didn't perform any of the repairs that she claimed on the claim list she sent with the deposit on the 34th day. On the day that I moved out, she immediately signed a new lease with a new tenant for the home, my mother. She allowed me to give her my keys, I have proof of this. The things that she deducted $592 for were for scratches on the wall that were there when I moved in. I sent the woman a certified letter that she declined to accept, the post office sent it back to me two months later with a rejected status. The letter was to ask for the rest of my security deposit since she's illegally held on to it.

    I can prove that the house was fine when I left and that I owed nothing. Not only that but since she waited to pay late I believe that means that she automatically owed me the entire security deposit. The new tenant, my mother and my old land lord did not submit a damages/problem list in the first week of her tenancy, legally that means that nothing is wrong with the home. I believe that that should be more than enough to have the rest of my security deposit returned. I also believe that I can sue for double the remaining balance that she didn't pay along with filing fees. The landlord and i work at the same company and see each other daily. We have each others phone number and contact information. I would have taken her to court sooner but I did not have the money for filing fees until yesterday, I've been in a very awful financial position this year up until now.

    I moved out of the home December 3rd, 2010. I sent my letter on the date I got the partial refund (money order was dated the January 6th, the letter was post marked for that date too), January 8, 2011 is it too late to take her to court? Also, am I wrong in any of my reasoning and law interpretation above? I believe that I did everything right. I'd hate for it to be too late to sue or for my case to look bad since I had to wait so long. I had to choose between food, transportation and other necessities. Heck, I had a moocher living with me that took the little that i had. He stole some of my Christmas presents, I'm an adult but hey. My family got me some good Wii games for Christmas and I'm grateful.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Landlord Didn't Pay Full Deposit, Can I Sue for the Deposit or is It Too Late

    You can sue her for the money you claim that she owes to you.

  3. #3
    Join Date
    May 2011
    Posts
    4

    Default Re: Landlord Didn't Pay Full Deposit, Can I Sue for the Deposit or is It Too Late

    Thank you, I kept reading about the landlord having a limited amount of time to do everything but I couldn't find anything on tenants.

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