My lease ended 5 weeks ago. In Michigan where I live, the landlord is supposed to return the security deposit with a letter detailing any deductions within 30 days. My landlord called me after 28 days and said he was going to get the letter to me soon. He said it took him a while to get a painter and a cleaning lady since he doesn't live in the area. I am willing to give him a break, but I am wondering, legally, am I giving up the right to my security deposit by letting him go past the legal limit? I will probably call him on Monday if I haven't received it by then. But like I said, am I giving up my right by giving him a few extra weeks? I am a bit annoyed. I could use the money.|||I doubt it. Call him and again insist upon your deposit, if he doesn't "hop to," send him a certified letter saying you want it and you want it NOW. Make a copy.
Then take him to small claims court. |||No you are not giving up your right to lay claim to the deposit. You landlord gives up the right to deduct any money from your deposit if not received within the 30 days.|||I'd pester him until he gives it to you, and if you don't have it within a week, call the police. My old landlord didn't give ours back until I threatened to take him to court.|||You're not giving up anything, but you shouldn't have to wait longer either. He chose to be an out-of-state landlord, so it's not really your concern about why he can't meet his obligations.
Send the landlord a letter via Certified Mail requesting your security deposit. He can always claim that the original check was lost in the mail, but at least you'll have a record that you gave him your new address. |||You are not giving up anything. This should not effect your right to collect everything minus your damages.|||Your landlord is required by law to send you a letter detailing out the charges against your deposit and a refund or a bill for additional amount due. If it is not in the mail by the 30th day the landlord then has lost his rights to that deposit amount. All money must be returned to you.
I would write the landlord a letter (make a copy for yourself), mail it certified mail requesting a full refund of your deposit.
Here is a sample
Dear _______:
On _________, I vacated the property at ___________ and gave you my new address and phone number. As of today I have not received my initial deposit in the amount of _______, nor any itemized statement from you for that money. I was entitled to receive my deposit by __________. You are now ___ days late in providing any documentation to me.
I left the property in clean and undamaged condition, paid all of my rent, and gave you proper notice of my intention to vacate the premises. It is difficult for me to understand the delay in this process.
Please ensure a check is in the mail promptly for my deposit amount. Should I fail to hear from you by __________, I will be forced to take this matter to small claims court.
Please mail my deposit immediately to the address below. If you have any questions, please contact me at the number below.
Sincerely, |||If you don't hear soon, don't call the police, file in small claims court
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment