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  1. #1
    Join Date
    Sep 2006
    Posts
    13

    Default How To Prove That Landlord Didn't Follow The Security Deposit Laws

    I'm a newcomer to the board, looking for whatever help you can give me.

    I moved into and out of an apartment on a verbal month-to-month lease this summer where I had paid an $800 deposit on behalf of myself and my roommates. The landlord is refusing to return the deposit for reasons that aren't relevant to my question here.

    However, at least under Michigan law, the landlord is required to give me several things in writing or else he legally forfeits his right to keep the deposit. For instance, the law requires that landlords notify tenants in writing within 14 days of move-in what their name and address is, and which bank they will be keeping the security deposit in and inform the tenant of a few legal obligations. The landlord is required to give the tenant the move-in checklist and then, upon move-out, the landlord is required to give the tenant a list of claimed damages and is required to sue the defendant within 45 days if they intend to keep any of the deposit. The landlord didn't fulfill any of those obligations, so he legally has no right to the deposit.

    Here's my question: I'm filing a court case to recover my deposit, so the burden of proof is on me. My argument is that I was never given any of the documents the landlord was required to give me and the landlord never sued me within those 45 days, as he was required. How can I go about proving in court that I didn't get a document?

    Thanks so much for whatever help you can provide.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: How to prove that I never received required information?

    You can't prove a negative.

    You can only testify that you did not receive the required information, and hope that the landlord either admits to the failure to provide it, or that the court deems your testimony more credible than your landlord's claims (and manufactured documents).

  3. #3
    Join Date
    Sep 2006
    Posts
    13

    Default Re: How to prove that I never received required information?

    Quote Quoting aaron
    View Post
    You can't prove a negative.

    You can only testify that you did not receive the required information, and hope that the landlord either admits to the failure to provide it, or that the court deems your testimony more credible than your landlord's claims (and manufactured documents).
    Thanks, that's what I thought.

    Does the landlord have any extra burden of proof, considering the deposit is considered the legal property of the tenant under Michigan law until the landlord establishes his right to keep it? I mean, as long as he doesn't dispute the fact that he's keeping the deposit, isn't it up to him to prove he's entitled to it? Or is the burden of proof entirely mine because I'm the plaintiff?

    Plus, I don't think he's devious, he had just had never been a landlord before and had no idea what he was doing. I don't anticipate that he'd fabricate documents, although I guess I don't know him well enough to guarantee he won't. If he simply claims he provided the documents (which would still be a lie) but can't produce any of them in court, does that lend much credibility to my claim?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: How to prove that I never received required information?

    He would likely be better served by proving that he had a legal basis to keep your deposit. The deposit law may require that he return the deposit if he does not comply with its parameters, but it does not prevent him from bringing a claim for damages actually caused by the former tenant.

  5. #5
    Join Date
    Sep 2006
    Posts
    13

    Default Re: How to prove that I never received required information?

    Quote Quoting aaron
    View Post
    The deposit law may require that he return the deposit if he does not comply with its parameters, but it does not prevent him from bringing a claim for damages actually caused by the former tenant.
    True, but under Michigan law, he has 45 days to bring that claim in court. If he doesn't do it within that timeline, he relinquishes his right to bring a suit. Tomorrow will be the 45th day, which is why I'm bringing this up now. He hasn't sued me yet, and after tomorrow, he won't be able to any more.

    Besides, if he didn't fulfill his obligations under Michigan law, he never had the right to require a deposit in the first place. Right? Or am I missing something?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: How to prove that I never received required information?

    He has 45 days to bring his suit under the Landlord-Tenant Act, but that doesn't mean he loses any ability to recover damages.
    Quote Quoting Hovanesian v. Nam, 213 Mich. App. 231, 236; 539 N.W.2d 55 (1995)
    Along with our conclusion that plaintiff must prevail on his Landlord-Tenant Act claim, we hold that the landlord retained his common law claims for damages or unpaid rent. Oak Park Village v Gorton, 128 Mich. App. 671, 679-680; 341 N.W.2d 788 (1983). Accordingly, while plaintiff was entitled to an award of twice the security deposit, defendant was entitled to the rent money he lost when obliged to rerent at a lower rate. The net result of such a calculation is an award of $ 470 to plaintiff, i.e. $ 1,350 (double the security deposit) less $ 880 (the lost rent).

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