Results 1 to 10 of 30

Threaded View

  1. #6
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Sure Deposit.did I Get Screwed

    Quote Quoting jk
    View Post
    I don't believe the have. Regardless who is the liable payor (tenant or bonding company), the landord must comply with the laws of notice if they intend to withhold anything.
    There's the rub. The landlord doesn't have anything to withhold. He didn't collect a security deposit so there's no security deposit to withhold. He submits his bills to the bonding company.

    Think of it like bail. The court doesn't hold the defendant's money when the defendant buys a bail bond. The court has no obligation to return any money to the defendant or justify to the defendant what it collects from the bonding company when the defendant skips.

    Quote Quoting jk
    View Post
    Given the tenant has a right to dispute the claims of damage, I seriously doubt the bonding company would want to step into the landlords shoes and defend the claim.
    But that's exactly what the bonding company ends up doing. The landlord waives the security deposit. The tenant has a contract with the bonding company where he agrees to reimburse the bonding company for any money it pays to the landlord.

    Granted, I haven't seen a copy of the Suredeposit bond form so I can't say what, if any, the process is for disputing the amount of the damages other than it would be between the tenant and the bonding company and the landlord would be out of the picture.

    I found an appellate case in Ohio which supports my contention:

    http://scholar.google.com/scholar_ca...fffffffffffe04

    The Ohio Court of Appeals, in Kopp v. Associated Estates Realty Corp - 2010, ruled that the Suredeposit bond was not a security deposit and not subject to the Ohio security deposit law.

    I have not found any decisions for Michigan on point and the few other cases around the country that involved Suredeposit did not involve the tenant suing for the return of money.

    Obviously, the Ohio decision is not precedential in Michigan and whether or not it would be persuasive in Michigan is anybody's guess, but it's logic suits me.

    1. Sponsored Links
       

Similar Threads

  1. H Visas: Can an Employer Require a Bond for H1b Filing
    By ashising in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 07-19-2013, 08:23 AM
  2. Security Deposits: Roommate Borrowed Money for the Security Deposit, Wants Deposit Refunded to Him
    By cedp83 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 12-04-2012, 11:37 AM
  3. Security Deposits: Landlord Will Not Put Security Deposit into Trust or Bond
    By wizardrc in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 08-26-2008, 01:50 PM
  4. Notary Surety Bond Form
    By beekrock in forum Legal Practice
    Replies: 2
    Last Post: 01-02-2008, 09:59 AM
  5. Rental Agreements: Surety Bond And Moving Without Notice
    By Just Breath in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 07-01-2007, 08:48 AM
 
 
Sponsored Links

Legal Help, Information and Resources