Legal Question in Landlord & Tenant Law in Michigan

Our lease ended on May 31st (and we were gone by then) and our landlord received our keys and forwarding address on June 1st. We did not receive a notice of damages claimed against our security deposit until July 6th in an envelope that was postmarked July 2nd. The damages in the notice were all unreasonable but rather than contesting them I decided just to forget about it, thinking that they will just accept the security deposit and not push this any further. Well, I spoke with them and I think they are going to try to sue.

My question is whether, by mailing the notice 31 (or arguably 32) days after we moved the landlord has forfeit any claim against the deposit and in actuality owe it back to us? The law says that they have 30 days to mail notice and if they do not it is considered an agreement by the landlord that there are no damages. How strictly will a judge construe this? Technically notice was not received until roughly 35-36 days after we moved and they clearly fell outside of the statutory limit no matter how you look at this. Also, there is a provision stating that they must file suit within 45 days of our quitting the premises. How will this affect us? If they file suit would we win a counter claim? If we counterclaim can we seek 2x the deposit plus costs and fees? I would have to travel to MI from FL to defend this thing if they can properly serve me. Thanks - Joe


Asked on 7/23/10, 12:25 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Courts generally construe the wording in the agreement against the drafter of the document. Landlords are expected to understand the law (moreso than Tenants) and if the lease agreement that you signed was provided to you by the Landlord, then all time limits should be strictly construed in your favor.

If the provision for suit is 45 days, and the Landlord didn't file within 45 days, then the suit should be thrown out for lack of subject matter jurisdiction and/or lack of standing to bring suit. A motion to dismiss should be filed pointing out the 45 day time limit.

If the landlord failed to notify you properly, then you are entitled to sue for your damage deposit, and you may be entitled to double damages and fees. This depends on how egregious the Landlords actions were. Did you take photos of the premises? Did you have a "professional cleaning crew" for instance that could testify as to the condition of the premises upon your departure?

Relevant issues include:

did Landlord provide you with the "check out check list" from the prior tenant showing what damages the prior tenant caused, so that you would not be charged for those same damages? this is required under MI law.

did the Landlord provide you with a "check in check list" for you to itemize damages in every area of the property that existed at the beginning of your lease? also required under MI law.

Did the Landlord SIGN a copy of your check in check list, and did you sign a copy as well?

If you have a lawyer file suit on your behalf, you may not have to return to MI, unless they insist on some sort of deposition that couldn't be done over the phone, or by an affidavit. It's not likely that this would happen. The possibility of double damages and costs should be enough to get your deposit back, unless they truly have evidence that you cause substantial damage to the premises. If they have violated other provisions of the law...a lawyer may be able to point this out and get cooperation without actually filing a suit.

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Answered on 8/01/10, 7:57 am


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