several renter questions

[sherlh]

What is the name of your state? Michigan

We moved out of a house on March 8th, 2005. I did not pay rent for the month of Feb because I knew that our jerk of a landlord would find a way not to give us our 2000.00 security deposit or our prorated rent back of 1320.00.
Approx a week after we moved out we recieved an email from him regarding some damages that he thinks we should pay for such as door knobs, scratches on the floor ( which I think is normal wear and tear), 2 new faucets which worked fine when we were there etc. However some of these things were already like they were when we moved in but never recieved a checklist to complete nor did we know that we were suppose to get one. Now he is wanting to charge us for all these supposed damages which we have never recieved a list of or charges, just a total of what he says we owe. He still has not filed with small claims court and it is now going on 60days....doesn't he have to file for damages within 45days?

 

[Who's Liable?]

Check your LL/T laws in regards to Security Deposits... Some state specifically state that a Securidy Deposit(SD) CANNOT be used to pay rent or used as the "last months rent" Verify that the LL indeed has 45 days, as some states only give 30-days. Look into how the LL must notify you of the SD. Most states have a very defined method of returning a SD that invlolves itemizing, repair costs, and a reason as to WHY they are witholding the SD. Still other states give the ex-tenant the ability to sue for up to 2X the amount of the SD even if they initially owe the LL, but are allowed to sue because the LL failed to follow the appropriate steps.

 

[south]

Security deposit cannot be used for rent and you have no right to use it as rent, you did your self no favors using it for rent and it shows any judge your character.

The landlord is not required to sue within 45 days.

What is the name of your state? Michigan

We moved out of a house on March 8th, 2005. I did not pay rent for the month of Feb because I knew that our jerk of a landlord would find a way not to give us our 2000.00 security deposit or our prorated rent back of 1320.00.
Approx a week after we moved out we recieved an email from him regarding some damages that he thinks we should pay for such as door knobs, scratches on the floor ( which I think is normal wear and tear), 2 new faucets which worked fine when we were there etc. However some of these things were already like they were when we moved in but never recieved a checklist to complete nor did we know that we were suppose to get one. Now he is wanting to charge us for all these supposed damages which we have never recieved a list of or charges, just a total of what he says we owe. He still has not filed with small claims court and it is now going on 60days....doesn't he have to file for damages within 45days?

 

[ENASNI]

Hey

South... what are you doing up this late? I was posting at same time it looks like, but I was being long-winded.

 

[south]

Because you must have woken me up I heard rustling down stairs on my computer and I went to investigate and found quite a commotion going on on this chat board.

South... what are you doing up this late? I was posting at same time it looks like, but I was being long-winded.