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  1. #1
    Join Date
    Aug 2011
    Posts
    3

    Default Wanted to Dispute My Deposit Deductions, Post Office Lost My Certified Letter

    My question involves landlord-tenant law in the State of: Michigan

    My landlord made multiple deductions to my deposit that I wished to contest. Within a week as required by law, I sent two copies of the letter contesting the deductions, one via regular 1st class mail and one via certified mail. I then waited for him to sue me in small claims court within 45 days of moving out as required by law. I did not hear anything from him and which supposedly means that I am entitled to my entire deposit by default. However, I just learned today that the post office may have lost my certified letter and that he may have not received it. It is possible (likely?) that my regular first class mail got through and that he's just sitting on it, but I have no way to be 100% sure as with any regular piece of mail.

    By now, it is outside the 45 day deadline for him to stake a claim to my deposit. Where should I proceed from here? The law only requires that I send out the regular first class mail notification. Doing so via certified mail was for me to get additional documentation for my case. Since I did all that was required by law, can I proceed with my next step? (Asking for my deposit back or taking him to small claims court for twice the contested amount.)

    Also, my landlord did not add the following line to his letter as required by law: “You must respond to this notice by mail within 7 days after receipt of same, otherwise you will forfeit the amount claimed for damages.” As a result, I think I can still contest his deductions now if necessary.

    I have good documentation for everything including receipts for both my certified and regular first class letters. Where should I go from here? I would prefer not calling him but can do so if necessary.

    Thank you very much for your assistance.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,851

    Default Re: Wanted to Dispute My Deposit Deductions, Post Office Lost My Certified Letter

    All certified does is show you mailed it. If you'd purchased return receipt, delivery confirmation, or signature confirmation you'd know if he got it.
    Do you have your certified receipt? That may be good enough to go to small claims to show you sent it.

  3. #3
    Join Date
    Aug 2011
    Posts
    3

    Default Re: Wanted to Dispute My Deposit Deductions, Post Office Lost My Certified Letter

    I did purchase a return receipt, but it has not been mailed back to me. If the package is lost, I don't know what happens to the return receipt. I did request signature confirmation, and I do have all my receipts.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Wanted to Dispute My Deposit Deductions, Post Office Lost My Certified Letter

    When you put the tracking number into the online tracker at usps.com, what did you learn about delivery?

  5. #5
    Join Date
    Aug 2011
    Posts
    3

    Default Re: Wanted to Dispute My Deposit Deductions, Post Office Lost My Certified Letter

    It just says that the post office received my letter and has no additional information afterwards. I called both the origin and destination post offices. They think it is likely lost.

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