Legal Question in Landlord & Tenant Law in Michigan
Apartment Security Deposit
Is there any waiver / legal reason why a landlord does not have to comply with Sections 9 &10 of The landlord and Tenant Relationships Act 348 of 1972? (Michigan)
I was told that if I provided a 30 day notice letter, explaining the physical and psychological health
reasons/issues along with my VA Doctors endorsement - there would not be a problem in getting an early release from my lease agreement. I complied with their instructions to the letter and was told by the apt complex rep that I was approved. I went through all the checkout procedures and when I turned in my keys - I was told that I would receive my security deposit within 30 days.
I paid rent for the month inclusive of the 30 day notice even though I was not occupying the apt.
Thirty days later, instead of a security deposit check, I received a certified letter from Corporate Hq indicating that I was late on my rent and that I would be liable until the apt was rented within my original lease dates!
The ''letter of past due rent'' did not mention my security deposit and was not in the format specifically required in Section 9 of Act 348.
Do I have a case for Small Claims Court?
1 Answer from Attorneys
Re: Apartment Security Deposit
Yes you do. Please visit my website at www.lawrefs.com and search 'lease' to find an article that applies to your case. It also sounds like one of your arguments would be that you settled the dispute via an accord and satisfaction in that you complied with the terms of a new agreement on early termination. If your landlord has not complied to the letter with the security deposit provisions of the law, you have them.
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