Full question:
My friend who was staying in a rented house in Grand Rapids, Michigan has moved out after the lease term. She wants to get her security deposit back. But, the landlord says he is entitled to keep to himself a portion of the deposit stating that her pet has damaged the carpet. Can the landlord refuse to return the security deposit?
- Category: Landlord Tenant
- Subcategory: Security Deposit
- Date:
- State: Michigan
Answer:
Security deposit is tenant’s money, and your friend is entitled to get back the amount with the termination of the lease. However, the landlord may have a claim on the security deposit if there are any unpaid rents, unpaid utility bills, or actual damages caused to the rental unit which is “not reasonably expected” to occur “in the normal course of habitation.” MCL 554.607.If the landlord asserts that your friend’s pet has damaged the carpet, he must mail your friend an itemized list of damages claimed including the estimated cost of repair pursuant to MCL 554.609. He must also include the amount he intends to assess the tenant. Further, the notice must also include the following: “You must respond to this notice by mail within 7 days after receipt of same, otherwise you will forfeit the amount claimed for damages.” This statement must be in 12 point boldface type which shall be at least 4 points larger than the body of the notice. The landlord must send the itemized list within 30 days of the termination of occupancy. The landlord’s failure to send the damage notice within 30 days after the occupancy is terminated will result in forfeiture, and he must remit the tenant full security deposit.
If the landlord gives a timely notice of damages, your friend may dispute the amount within seven days of receipt of the notice. She must provide all the details in her response indicating the disputed amount, and its assessment. The reply can be sent by ordinary mail. If your friend and her landlord are not able to reach a settlement on the damages, the landlord may move the court to retain the deposit. The landlord’s failure to move the court may result in your friend’s entitlement of double the amount of the deposit.
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.
