Landlord breaking lease, When do I receive Security Deposit back?

[Brenglen]

What is the name of your state (only U.S. law)? Michigan

My landlord is renting a 2 bedroom apartment. He rented out one of the bedrooms to me and I signed a rental agreement. I paid $66.00 Security deposit on the first month rent and it is listed on the rental agreement. My landlord is planning on breaking the lease next month and from my understanding I should receive my security deposit in full ($66), correct? IF so, can I ask to get my security deposit back before we move out? or do I have to wait 30 days after we move out?

thank you

 

[BigMouthWino]

What is the name of your state (only U.S. law)? Michigan

My landlord is renting a 2 bedroom apartment. He rented out one of the bedrooms to me and I signed a rental agreement. I paid $66.00 Security deposit on the first month rent and it is listed on the rental agreement. My landlord is planning on breaking the lease next month and from my understanding I should receive my security deposit in full ($66), correct? IF so, can I ask to get my security deposit back before we move out? or do I have to wait 30 days after we move out?

thank you

To be safe, I suggest you deduct your security deposit from your last month's rent. Since your landlord is obviously not honoring his contract with his landlord I wouldn't expect him to honor his contract with you either. Save yourself the headache and deduct in advance.

 

[Brenglen]

I already asked him and he said no. HE doesn't want the monthly rate to be touched. Should I still work something out? maybe ask to write up a date when he will give me the security deposit back?

 

[sandyclaus]

The guidelines for return of your security deposit can be found here: http://www.michiganlegalaid.org/library_client/resource.2006-01-10.0288515769/html_view:

The pertinent section below states how long the LL has to return your deposit after you move out:

Within (30) days after you move out your (former) landlord either has to return your deposit or send you a list of the things that she claims as damages (a “notice of damages”). If the landlord does not do this, the law says that she gives up any right to keep your security deposit. But, if you did not give your landlord your forwarding address within 4 days after moving out (assuming your landlord told you in writing of this responsibility), your landlord does not have to give you a notice of damages. (see sections 9 & 10 of the act and Sample letter #2, p. 15)

NOTHING happens until you actually move out. You are NOT allowed to use your security deposit funds towards rent, and the LL is NOT required to return your security deposit funds any sooner than the statute requires.

Keep in mind that the security deposit, while it technically belongs to you, it also is intended to make the LL whole, as in restoring the rental unit to the same condition in which it was rented to you. Depending on the condition in which you leave it, less normal wear and tear, the LL is supposed to use that security deposit to pay for any repairs or restoration to the rental unit to put it back to pre-rental condition. If you leave the place a mess, or if you cause damage to the rental unit, then you can't expect ANY security deposit funds to be returned to you except that which is not being used to restore the rental unit.

 

[BigMouthWino]

I already asked him and he said no. HE doesn't want the monthly rate to be touched. Should I still work something out? maybe ask to write up a date when he will give me the security deposit back?

You do not need his permission. Simply deduct the funds and give him a check for the remainder. Write him a letter that due to your concerns regarding his financial condition and the fact that he has notified you of his intent to breach the master lease you are deducting your security deposit from the last month's rent. Of COURSE he would rather get the full monthly amount AND keep your security deposit. Trust me, if you leave it in his hands you will never see it again. This is not somebody who honors written contracts.