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  1. #1
    Join Date
    Feb 2010
    Posts
    10

    Default Landlord Retaining Deposit in Addition to Extra Rent Charged Monthly for Large Family

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

    The house we began renting fourteen years ago in 8/2000 was advertised at $1,100/month. However, the landlord told us he was charging us $1,200/month because of our large family. We also paid directly for all utilities, as well as and minor repairs (anything less than $100).

    My husband, who signed the original lease, passed away in January. I gave notice that we were moving when I paid August's rent. We finished moving out on 8/30 and I returned the keys on 9/2. There was no one at landlord's office on Labor Day or the day after and no drop box but he stopped by as we were leaving. I have since paid all final utility bills.

    On 10/4, I received a Notice to Tenant (after termination of tenancy) stating a deduction of $1700 is being charged against the security deposit for damages, leaving a balance of $0.

    Is he entitled to keep the security deposit after collecting nearly $17,000 extra over the years for the "added wear and tear of a large family"? I actually have no idea how much the security deposit is, since I did not find the lease among my husband's papers. Wouldn't the deposit cover unpaid rent or utilities on move out, which there are none owed?

  2. #2
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: Landlord Retaining Deposit in Addition to Extra Rent Charged Monthly for Large Fa

    the price of rent has nothing to do with the security deposit. did he itemize damages? did he do a checklist at move out? what damages are he claiming you caused above reasonable wear and tear?

    here are the michigan laws on security deposits

  3. #3
    Join Date
    Feb 2010
    Posts
    10

    Default Re: Landlord Retaining Deposit in Addition to Extra Rent Charged Monthly for Large Fa

    The extra rent was to cover any added wear and tear due to a large family (4 bedroom house, 5-6 kids).

    It was supposed to be a temp rental until we sold our home in another state. My husband signed a 1 yr lease with the agreement we could break lease without penalty as long as we used landlord as our realtor to purchase our next home. Long story from temp to 14 yrs later but we never renewed the lease (became month-to-month), husband died in Jan. and I bought a house, did not use landlord as realtor, he has asked me repeatedly why I did not use him as per "our agreement."

    There was no check list on move in or move out. His list of damages include:
    carpet, est. cost of repairs $800, depreciated to $400
    junk and yard waste removal, $300, actual cost
    dark paint walls $800, depreciated to $500
    hardwood floor stains, $600, depreciated to $500

    Honestly? It's not a lot of money, compared to the amount extra we paid over the years that I think should more than cover it. He was a terrible landlord and terrible realtor and I'll be glad to be done with him. I'd just let it go except...it just doesn't seem fair. Realistically, I know a lot of things aren't fair so I'll settle for legal.

  4. #4
    Join Date
    Jan 2013
    Posts
    372

    Default Re: Landlord Retaining Deposit in Addition to Extra Rent Charged Monthly for Large Fa

    How old is the carpet? A 14 yr. old carpet likely has no value. Where does the depreciated value of $400 come from. As to junk and yard waste removal ask to see the bill. If he paid somebody to clean the yard he'll have an invoice or receipt. That' ll be hard to fight. When did he last paint the walls. If he hasn't painted in 14 yrs then I doubt you owe him for paint. Ask to see the bill from the painter. No idea about the floor.
    Basically ask him to prove his figures. If you take him to small claims court he' ll need to show these things so ask him to show them to you. That's not unreasonable

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