Security Deposit Rules

[khansen97]

What is the name of your state? Michigan

I moved out of the house I was renting on October 13th. My lease does not end till the end of November. I have to pay rent for the month of November, per my lease. Here are my questions:

1. Can I just send him a letter signing over my security deposit?
2. How long does he have to return my security deposit?
3. I recently moved out of state, if this does go to court, it will go to small claims. Can I have a lawyer represent me if I can give him limited power of attorney?
4. Can my landlord keep my security deposit and just charge me for a bunch of items he says need to be fixed around the house? (The house if for sale right now)

If anybody could help, it would be greatly appreciated.

 

[treese]

1. Can I just send him a letter signing over my security deposit?

Sign over the security to use for November's rent? If the LL agrees. The security is for damages. The landlord can deduct any unpaid rent from the deposit, but if the rent due + damages totals more than the deposit, the LL can sue you in Small Claims.

2. How long does he have to return my security deposit?

The landlord has 30 days to account for and/or return the deposit

3. I recently moved out of state, if this does go to court, it will go to small claims. Can I have a lawyer represent me if I can give him limited power of attorney?

No, attorneys are not allowed in Small Claims court - you would have to appear.

4. Can my landlord keep my security deposit and just charge me for a bunch of items he says need to be fixed around the house? (The house if for sale right now)

If you caused damage then the landlord can deduct the cost to repair/replace.

 

[khansen97]

Counter Sue?

Could I counter sue in small claims? Becuase I have no doubt that I can win, but its going to cost me money to come back to the state in order to go to court.

 

[Zigner]

Could I counter sue in small claims? Becuase I have no doubt that I can win, but its going to cost me money to come back to the state in order to go to court.

Countersue for WHAT? You haven't given any indication of anything that you could countersue for.

 

[khansen97]

I am going to have to take time off of work and FLY up to MI to attend small claims court, if a lawyer cannot represent me, and this guy DOES try to sue me for a balance on my lease.

I just want to know if I can counter sue for the costs I am going to be out to attend court.

 

[moburkes]

Why are you going to court, again? If your landlord says that you owe money in addition to your security deposit, and it is valid, then just pay the damn bill.

 

[khansen97]

Its not valid. He got a bill from him for repairs due to pet damage (even says it on the bill I received from him). I was paying a monthly pet fee to handle those types of things. He is telling me that I still owe him for the damages.

 

[moburkes]

Its not valid. He got a bill from him for repairs due to pet damage (even says it on the bill I received from him). I was paying a monthly pet fee to handle those types of things. He is telling me that I still owe him for the damages.

Now you've just added something to the mix that you didn't previously speak about. Who are the people that you're now referring to? What specifically does it state in your lease that the monthly pet fee is to be used for? What are the damages? Why don't you owe for them?

 

[khansen97]

No more confusion!

Ok let me try to ask this a different way. I was looking online at the Michigan Landlord Tenant laws (Man they are not in english). I found the following statement under section 554.605 seection 5

For the purposes of this act and any litigation arising thereunder, the security deposit is considered the lawful property of the tenant until the landlord establishes a right to the deposit or portions thereof as long as the bond provision is fulfilled, the landlord may use this fund for any purposes he desires.

Does this mean that he CAN'T keep the deposit without my permission? That he has to take me to court to keep it?

I have decided that if this ends up going to court I am going to hire an attorney and push it out of small claims. So now I just want to find out what the above statement means before I go waste a bunch of money on a lawyer.

Sorry for all the confusion! I am just a little freaked that this guy is trying to take advantage of me since I am now living hundreds of miles away.

 

[moburkes]

He doesn't need your permission. What he needs is a legal reason to keep it, such as damages, or unpaid rent.

 

[treese]

I am going to have to take time off of work and FLY up to MI to attend small claims court, if a lawyer cannot represent me, and this guy DOES try to sue me for a balance on my lease.

I just want to know if I can counter sue for the costs I am going to be out to attend court.

No, you cannot countersue for these expenses.

Its not valid. He got a bill from him for repairs due to pet damage (even says it on the bill I received from him). I was paying a monthly pet fee to handle those types of things. He is telling me that I still owe him for the damages.

You paid a monthly pet fee for having a pet. Unless there is a clause in your lease that stated the pet fee would be applied to damages, then the pet fee was simply "pet rent".

If there was damage caused during your tenancy then you are liable for the cost to repair the damage.

 

[PghREA]

Think about this . . .

If he does come up with an amount due from you - is it going to be more than your expenses to take off work, fly back, hotel and meals? I say pay it and get on with your life.
You have less than a 50% chance of winning your case.