Can my landlord deduct costs from my security deposit for pre-existing damages?

Full question:

I am a student at the Michigan Technological University. I graduate this year and planning to move down south to California for employment. I have been living in a rented apartment. My landlord repeatedly threatens me with deduction in the security deposit for reasons like broken pipes and creaking door hinges, none of which are my doing. They were damaged even before I took up the place on rent. I want to know if he can actually do deduct such costs from the deposit. How long will it take for me to get my hands on the deposit money paid?

  • Category: Landlord Tenant
  • Subcategory: Security Deposit
  • Date:
  • State: Michigan

Answer:

In Michigan, a landlord can charge a tenant a security deposit of up to one and one-half months' rent. Although the deposit is with the landlord, it remains the tenant's property until the landlord proves a right to it. After moving out, you must provide your forwarding address to the landlord in writing within four days. The landlord is required to return the security deposit within thirty days or provide an itemized list of damages along with a check for any remaining balance. If the landlord fails to meet this thirty-day deadline, they may have to return the entire deposit without deductions.

Landlords can deduct amounts for damages, but as a tenant, you must dispute any deductions within seven days of receiving the itemized list and balance, or you may lose your right to contest them. If the landlord does not respond within forty-five days after you move out, you can seek legal remedies against them.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A landlord can charge various fees to move in, including the first month's rent and a security deposit. In Michigan, the security deposit can be up to one and one-half months' rent. Additionally, landlords may charge application fees or other move-in costs, but these should be disclosed upfront.