Legal Question in Landlord & Tenant Law in Michigan

Have a dispute over security deposit with previous landlord. i have submitted rebuttal to her claims and as i understand it she has 45 days after moveout to proceed to small claims court in Michigan. I am moving from the area soon and probably will not be able to make it here for the case if she waits to file the case (shes got another 10 days). Can I file the case myself to expedite the process- does that shift her burden of proving her claims (as the deposit is my property) to me?


Asked on 8/25/10, 6:55 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

She must return all of your damage deposit unless:

1. you agree in writing that she may retain all or part of the deposit for damages

OR

2. she gets a court order.

You will not expedite the matter or shift the burden. You should plan to be here if she files in small claims court, as Michigan does not permit you to have a lawyer represent you in small claims. OR, you can hire a lawyer, have the case removed to district court, and counter-claim for your deposit. You should have photos and evidence that rebuts her claims.

She was obligated to have provided the former tenant's "check-out" list showing what damages she claimed were due to the prior renter. She was also obligated to provide you with a "check-in" check list for you to itemize damages that existed before you moved in. If she didn't provide both documents, she has a problem.

You can just wait to see if she files, and then hire a real estate attorney to represent you.

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Answered on 8/30/10, 7:30 am


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