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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
The priority is going to be to make a demand for what you can prove to be fair: all, some, or none. Even without something “in writing,” you have important rights. I say this since you have also said you do “have evidence.” Before we even look at the separate claims you might make (for some or all of your deposit), check out what the courts are likely to look for in a landlord-tenant dispute. The following brochure from the State of Michigan is a good place to start: www.mi.gov/.../dleg/Tenants_and_ Landlords _304581_7.pdf.
I have not assumed you have already left the apartment. Being a current versus former renter does make a difference in how you make your requests for a refund. It also starts the clock in terms of when you can expect a full accounting of your deposit.
The basics of Michigan law limit a landlord to charging you more than one and one-half months’ rent for your security deposit. Under Michigan law, your landlord must return your security deposit and include an itemized statement of any deductions, within 30 days after you moved out. Based on your income, you may be eligible to get free legal help to try and encourage the landlord to repay: http://www.michiganlegalaid.org/.
Time is also an important element in asking for your deposit. Michigan tenants must dispute the landlord's claimed deductions, within seven days of getting the itemized list, or you may give up any right to argue. If you ran out of time to demand your deposit back, you may still try other advocacy groups, to try and encourage the landlord to do the right thing… http://www.michiganlegalaid.org/findOrgAll. Your local Better Business Bureau may help, too.
- Getting Your Deposit Back: Reasons
You should anticipate why a landlord may claim you caused damage to a unit. There may be a broken chair. Be sure to argue he has no right to charge you for “normal wear and tear.” But there is also often damage that existed before you moved in. So the ability to prove the condition of the apartment is why so many landlords have people do a check-list before renting. You may have pictures of the apartment, or a witness who could testify to poor conditions that seem to be old conditions.
What Else Michigan Rental Laws Mean
Besides looking at the law regarding “unwritten” agreements (that follows), let’s talk about the very specific laws protecting both the landlord and tenant. It often helps if, when you write to complain, you show you’re serious and know the specific section(s) of law…here: Michigan Compiled Laws §§ 554.602 to 554.616. You can read these on-line at http://www.legislature.mi.gov/documents/publications/tenantlandlord.pdf.
Michigan city ordinances (where you live) may have different landlord-tenant and security deposit laws. Check your local housing authority or city council members. If you live in a college town, there are usually different rules, because of there being a lot of student renters there.
What the Facts of Your Case Say
The “facts” we discussed (about the conditions, quality, or habitability of the apartment) will matter. You may have been living in a place that was sub-standard. The type of building you live in may also be important. If you lived in a building designed especially for seniors or those with disabilities, you may have special protections available.
If you lived in a subsidized housing unit, this also may give you special rights under federal rules the landlord has agreed to follow. It also may give you special leverage to make a complaint that is more important to the landlord’s income.
- What About Requiring a “Written Agreement”?
It’s not the case that you MUST have a written lease in order to get the protections of the rules we’ve talked about here. Proving you paid rent and a deposit can be accomplished by showing receipts and cancelled checks or lump sum withdrawals. You may need to argue, once you show you had a rental that the burden of proving you are not entitled to a full refund passes onto the landlord’s shoulders. To do that, once the landlord fails to send you any refund, move quickly into a small claims court: http://www.36thdistrict court.org/civil-small-faq.html.
The priority is going to be to make a demand for what you can prove to be fair: all, some, or none. Even without something “in writing,” you have important rights. I say this since you have also said you do “have evidence.” Before we even look at the separate claims you might make (for some or all of your deposit), check out what the courts are likely to look for in a landlord-tenant dispute. The following brochure from the State of Michigan is a good place to start: www.mi.gov/.../dleg/Tenants_and_ Landlords _304581_7.pdf.
I have not assumed you have already left the apartment. Being a current versus former renter does make a difference in how you make your requests for a refund. It also starts the clock in terms of when you can expect a full accounting of your deposit.
The basics of Michigan law limit a landlord to charging you more than one and one-half months’ rent for your security deposit. Under Michigan law, your landlord must return your security deposit and include an itemized statement of any deductions, within 30 days after you moved out. Based on your income, you may be eligible to get free legal help to try and encourage the landlord to repay: http://www.michiganlegalaid.org/.
Time is also an important element in asking for your deposit. Michigan tenants must dispute the landlord's claimed deductions, within seven days of getting the itemized list, or you may give up any right to argue. If you ran out of time to demand your deposit back, you may still try other advocacy groups, to try and encourage the landlord to do the right thing… http://www.michiganlegalaid.org/findOrgAll. Your local Better Business Bureau may help, too.
You should anticipate why a landlord may claim you caused damage to a unit. There may be a broken chair. Be sure to argue he has no right to charge you for “normal wear and tear.” But there is also often damage that existed before you moved in. So the ability to prove the condition of the apartment is why so many landlords have people do a check-list before renting. You may have pictures of the apartment, or a witness who could testify to poor conditions that seem to be old conditions.
What Else Michigan Rental Laws Mean
Besides looking at the law regarding “unwritten” agreements (that follows), let’s talk about the very specific laws protecting both the landlord and tenant. It often helps if, when you write to complain, you show you’re serious and know the specific section(s) of law…here: Michigan Compiled Laws §§ 554.602 to 554.616. You can read these on-line at http://www.legislature.mi.gov/documents/publications/tenantlandlord.pdf.
Michigan city ordinances (where you live) may have different landlord-tenant and security deposit laws. Check your local housing authority or city council members. If you live in a college town, there are usually different rules, because of there being a lot of student renters there.
What the Facts of Your Case Say
The “facts” we discussed (about the conditions, quality, or habitability of the apartment) will matter. You may have been living in a place that was sub-standard. The type of building you live in may also be important. If you lived in a building designed especially for seniors or those with disabilities, you may have special protections available.
If you lived in a subsidized housing unit, this also may give you special rights under federal rules the landlord has agreed to follow. It also may give you special leverage to make a complaint that is more important to the landlord’s income.
It’s not the case that you MUST have a written lease in order to get the protections of the rules we’ve talked about here. Proving you paid rent and a deposit can be accomplished by showing receipts and cancelled checks or lump sum withdrawals. You may need to argue, once you show you had a rental that the burden of proving you are not entitled to a full refund passes onto the landlord’s shoulders. To do that, once the landlord fails to send you any refund, move quickly into a small claims court: http://www.36thdistrict court.org/civil-small-faq.html.