Legal Question in Landlord & Tenant Law in Michigan
apartment rental lease.
Rented apt. in 2006. Gave notice and moved April 2007. Collection agency started calling 9/2008 stating Owed 3,000.00 + for violation of lease. Purchased condo and gave manager written notice prior to vacate, rent was paid up to date and vacated apt. on date indicated in written notice. What should I do to prevent the cinstant calling from this collecion company?
2 Answers from Attorneys
Re: apartment rental lease.
you should try and negotiate with them. If not, tell them to file suit. I can assist you in this regard. Visit me at www.kliszlaw.com to discuss. Tim Klisz
Re: apartment rental lease.
The landlord was required to give you notice of his damages within 30 days of your vacating the premises. You would then have an opportunity to object to the damages.
According to MCL 554.610, failure by the landlord to comply with the notice of damages requirement within the 30 days after the termination of occupancy, constitutes agreement by the landlord that no damages are due and he shall remit to the tenant immediately the full security deposit.
If this was not done, the landlord has waived his claim to damages. Write to the collection agency disputing the bill and telling them to cease all communication. Tell them that the damages were waived by the landlord's failure to provide you with an itemized list of damages pursuant to MCL ... They will then be forced to sue if they want to pursue the matter.
If you have any further questions or concerns, please contact me via my website at www.lawrefs.com.
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