Legal Question in Landlord & Tenant Law in Michigan

Re: Security Deposit & Cashed check

First, the Landlord/Tenant issues. If you served her with the proper paperwork for the 7 day notice/demand you can prepare the summons and complaint and file with the court. If you file tomorrow you can�t include February rent in what you file, but if you file on the first you can. However, if any event you can ask for February rent when the court date comes. I see no reason on the facts you presented for you to return a security deposit to her at all at that time. She still has the apartment and owes you money. The security deposit is still in your possession correctly. If you have a sheriff/process server serve her you may wish to provide her work address too so she can be served personally if possible to allow you to turn it over to the collection agency to place on her credit report and to improve your collection opportunity.

Second, the potentially forged check. Prior to calling the police/sheriff for that to make a report, I would make sure to have the insurance company fax or mail you the copies of the forged check so you have them in your possession. Then provide them to the officer when you make the report so they can speed it up and save everyone time. YOU can�t press charges for a criminal action, only the State of Michigan, through a police agency, has that ability. You can only provide them with the paperwork to do so. Make sure to have the insurance company information when you make the report since the police will need that as well for the report to verify it and ask for any records. In addition, make sure you keep copies of anything you provide to them so you have a set for your records.

If I can assist you at all or answer any questions please do not hesitate to contact my office.