Legal Question in Landlord & Tenant Law in Michigan
security deposit for damages
Hi,
My tenants moved out and I sent them a list of damages by normal mail. 39 days later, they claimed they never received the letter and wondered where the deposit was? The original deposit was 1650 and they decided they were going to pay the last months rent from this deposit. (gee thanks) I sent them another letter (certified) and they received it. They claim that since I did not send the letter in time that they can sue me for double the deposit! I mailed the first letter by regular mail and I know that they are conveniently lying. So, now what? How do I prove that I sent this letter by regular mail. Should I just go to small claims court and let the judge decide? It has been 46 days now since they moved. The damages were 1400.00 and I am claiming they owe me approx. 900. Since the letter was never received do I have a leg to stand on?
2 Answers from Attorneys
Re: security deposit for damages
The tenants were required to submit to you in writing, within 4 days of moving out, their new address. Otherwise, the timing and your obligations change. You should talk to an attorney.
Re: security deposit for damages
First of all, if the amount of damages was less than the security deposit, you should have returned the difference by check with your list of damages. The law requires this. Also, if they cashed the check, you would have had proof that they received your first letter. The law merely requires that you mail the notice to the tenant, but by not sending it by certified mail, it opens the door for the tenants to deny receiving the original notice. I'm afraid a judge will have to sort this one out. For more info, please contact my office at (248)851-3171.
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