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  1. #1
    Join Date
    Jan 2014
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    6

    Default Can You Claim Damages Against a Security Deposit With No Move-In Checklist

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

    When we moved into our apartment, we were never provided with a move-in checklist/ damage checklist. The place was not move in ready whatsoever. The carpet was never changed, there are cigarette burns in it and blackened gum in the bedroom (in addition to many other things). We want to have some peace of mind that when we move out of here, we won't be charged for old nasty carpet or any other small repairs that should have been made prior to us actually moving in here. Any advice is welcomed.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Does No Move-in Damage List Equal No Tenant Accountability

    Did you take photos of the condition of the unit at move-in?

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Can You Claim Damages Against a Security Deposit With No Move-In Checklist

    Quote Quoting MCL 554.608. Inventory checklists.
    (1) The landlord shall make use of inventory checklists both at the commencement and termination of occupancy for each rental unit which detail the condition of the rental unit for which a security deposit is required.

    (2) At the commencement of the lease, the landlord shall furnish the tenant 2 blank copies of a commencement inventory checklist, which form shall be identical to the form used for the termination inventory checklist. The checklist shall include all items in the rental unit owned by the landlord including, but not limited to, carpeting, draperies, appliances, windows, furniture, walls, closets, shelves, paint, doors, plumbing fixtures and electrical fixtures.

    (3) Unless the landlord and tenant agree to complete their inventory checklist within a shorter period, the tenant shall review the checklist, note the condition of the property and return 1 copy of the checklist to the landlord within 7 days after receiving possession of the premises.

    (4) The checklist shall contain the following notice in 12 point boldface type at the top of the first page: “You should complete this checklist, noting the condition of the rental property, and return it to the landlord within 7 days after obtaining possession of the rental unit. You are also entitled to request and receive a copy of the last termination inventory checklist which shows what claims were chargeable to the last prior tenants.”.

    (5) At the termination of the occupancy, the landlord shall complete a termination inventory checklist listing all the damages he claims were caused by the tenant.
    Quote Quoting MCL 554.609. Itemized list of damages; check or money order; contents of notice of damages.
    In case of damage to the rental unit or other obligation against the security deposit, the landlord shall mail to the tenant, within 30 days after the termination of occupancy, an itemized list of damages claimed for which the security deposit may be used as provided in section 7, including the estimated cost of repair of each property damaged item and the amounts and bases on which he intends to assess the tenant. The list shall be accompanied by a check or money order for the difference between the damages claimed and the amount of the security deposit held by the landlord and shall not include any damages that were claimed on a previous termination inventory checklist prior to the tenant's occupancy of the rental unit. The notice of damages shall include the following statement in 12 point boldface type which shall be at least 4 points larger than the body of the notice: “You must respond to this notice by mail within 7 days after receipt of same, otherwise you will forfeit the amount claimed for damages.”.
    The landlord may claim that he provided you with an inventory checklist that you did not return. If the damage existed at the time you moved in, you can challenge the landlord's claim based upon the inventor checklist from the end of the prior tenant's tenancy. But note, the statute does not make the absence of a checklist an absolute defense to a claim against a security deposit, and Michigan's courts have held that the failure to comply with the security deposit law doesn't prevent a landlord from suing for damage even if he has to return the entire deposit due to his noncompliance.

    If it were me, I would be trying to get some sort of written confirmation from my landlord that the issues for which you believe you may be charged existed before I moved in. I might even provide my own inventory form, while retaining a copy for my records.

  4. #4
    Join Date
    Jan 2014
    Posts
    6

    Default Re: Can You Claim Damages Against a Security Deposit With No Move-In Checklist

    Quote Quoting Mr. Knowitall
    View Post
    you can challenge the landlord's claim based upon the inventor checklist from the end of the prior tenant's tenancy.
    If it were me, I would be trying to get some sort of written confirmation from my landlord that the issues for which you believe you may be charged existed before I moved in. I might even provide my own inventory form, while retaining a copy for my records.

    I highly doubt they have a checklist from when the other tenant moved out. Also most of these issues were discussed with the on-site guy who is supposed to be the maintenance guy, however he does nothing. So he is aware of all of these things. Would it be within reason for us to have him sign off on a letter stating all of these damages and that we did in fact notify him of these things right when we moved in? Also should we mail a copy via certified mail to the landlord? We are trying to cover all of our bases because they never even fix major building issues, it's always a temporary or half-fix, so I am not surprised these smaller things have not been taken care of, and they most likely never will, since the landlord communicated in writing (via text) that this building is costing him too much in repairs.

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