Legal Question in Landlord & Tenant Law in Michigan

Security Deposit

Long story short, I wasn't on a lease for a house because it's legally only allowed to house 6 (I was the 7th) & never signed any agreement.

After lengthy disputes, (including harrassment, moving my belongings around the house, them buying a dog and letting it roam the house & my room, and them taking my mail) I moved out 2 months before their lease was up.

They tried to take me to small claims court but because it's illegal for me to be there, I don't have to pay them what would have been my portion of the rent for March and April. Because I felt bad about leaving, I paid them $300 for utilities, etc.

Now, the landlord (who I sent a $739 security deposit to) says he's going to send the entire house's deposit to one of the other girls at the end of their lease. I know she's not going to send it to me because she's was mainly the one who had been harrassing me.

Can I make him send me a separate check for my money back? (minus any damages, of course)

I already returned the key and sent him my forwarding address, which he acknowledged receiving (approximately 15 days ago).


Asked on 3/18/08, 11:23 pm

1 Answer from Attorneys

Timothy Klisz Klisz Law Office, PLLC

Re: Security Deposit

I would say no, the landlord doesn't have to return it to you. You weren't on the lease, and therefore not entitled to the money. Its a double edged sword. You would have to sue the recipient of the funds to get it back, but you would have to prove you are entitled to it. Good luck. Tim Klisz

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Answered on 3/19/08, 5:19 pm


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