landlord stole my deposit

[jpryorx2]

hi i live in michigan and my landlord recently sold the complex we live in the new owner sent out a notice that our deposit did not transfer over in the sale. we had a 500 security deposit and 150 nonrefundable cleaning deposit what can i do to get it back or what legal right do i have


thanks
jason

 

[jlw1000]

You would have to locate the previous landlord. First, you send a letter (certified) to the previous landlord requesting your deposits back. He should not keep any of these monies--not even the "non-refundable cleaning deposit", since he won't be cleaning the place once you leave. If he claims he turned the depsosits over to the new landlord, ask him for his records that prove this. Let him know the current landlord is claiming they did not receive them (& probably didn't). When he can not prove he turned the deposits over to the new landlord, or he refuses to refund all your money you must sue him in small claims court.

There are dishonest landlords that try to keep deposit monies when they sell a rental property. I bought a property last February. At the time of settlement I noticed the deposits were not transferred to me. When I asked about this the seller tried to claim there weren't any. However, I had seen documentation where he did get deposits from the tenants. (He had collected more than allowed by law!) Anyway, I would not settle without the deposits so he wrote a check for the amount I required. (I went to his bank immediately after settlement.) I refunded the amount of deposits that he overcharged to the tenants. If I had not insisted on getting the deposit monies--the tenants would have had to sue this low life. He has moved out of state--which would have made it impossible for my tenants to get their monies back!

I hope your previous landlord is still in the state.

 

[jpryorx2]

thanks for the info i will send out a letter tommorrow and hope thats all it takes i don't know what my chances are in small claims court because the owner is a lawyer so that might not help me but i will try because i can't justify giving him my hard earned money when he wouldn't even fix thing when they broke


thanks
jason

 

[happy&lucky]

It really doesnt matter the new owner IS responsible your your deposits, if he didnt get them thats HIS fault not yours.

As long as you have a recipet and lease stating you paid, the old landlord is usually NOT liable to YOU for the deposit, since the closing is supposed to be a Finality.

And if the landlord doesnt turn over the deposits its usually deducted from the escrow account, or they agree to lower the sales price.

So you will have a claim against the new owner for the $650

OH DO YOU HAVE A LEASE?

If you send the letter and dont have a lease...... then expect a 30 day notice next month.. and your defense in NOT paying next months rent is you have a notice (you have a copy right?)....that there was no security deposit transferred in the sale.

The new landlord cannot charge you a second deposit...., but CAN charge you another deposit for say the second months security, or last months rent, and it must be stated in the new lease.