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Security deposit not returned

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wt817

Junior Member
What is the name of your state (only U.S. law)? MI

I moved out of my rental on April 30, 2014 and gave landlord my forwarding address in writing. I moved to Florida.

I hadn't heard anything about my deposit on May 29th, so I texted twice before I received a reply saying he did get the forwarding address, but was "still working some things out in regards to the balance of the deposit." He told me the condo association assessed a fine for a garage sale I had and a door had damage. I had told him about the door while I lived there and told him I would fix it before I left. He told me don't worry about it - they'd just go ahead and fix it when they painted, etc.

I still did not get an itemized list of damages and any part of my deposit back, so I wrote a letter telling him since it was past the 30 day point, unless he returned my deposit in full within two weeks, I'd file in small claims court for double the amount of my deposit.

It's now been over two weeks since I sent the letter and over 45 days since I moved. I've not heard anything else from him.

Can I initiate the small claims proceedings in a Michigan court from Florida where I live now (via mail?) and fly up on the day of the court hearing? I'm willing to do that because if I sue for twice the amount it'll more than pay my plane fare and give me a chance to see old friends. But I'd have to be as certain as I can that it's a slam dunk that I'll get the deposit back. Thoughts?

Thanks.
 


Gail in Georgia

Senior Member
"Can I initiate the small claims proceedings in a Michigan court from Florida where I live now (via mail?)"

You need to contact the Clerk of Court in the COUNTY where this rental property is and ask this question. In many cases payment for filing needs to be done in CASH and the person filing needs to also provide a stamped envelope.

" But I'd have to be as certain as I can that it's a slam dunk that I'll get the deposit back."

Hold on there....even IF you win your case in court it will still be up to YOU to get this money out of the landlord. The court will only GRANT you the judgment (if you win your case); it will do nothing to actually help you collect this money. Therefore, it is NOT a slam dunk that you'll ever see a penny of this money (welcome to the world of the landlord!).

Gail
 

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