Can an e-mail count as legal notice if it's acknowledged by the recipient/company? Michigan

[acartws]

Question in MI

I gave my rental association a 58-day notice detailing my intent to move and end the rental agreement and provided my forwarding address. I was month-to-month (it was a 12-month lease and I lived there for almost 4 years), so I was compliant to that term on the lease. The owner of the rental association replied via e-mail, confirmed the date I had stated, told me what day they would start showing the property and thanked me. They billed me for an additional month after I should have been responsible and a late fee when I didn't pay it. They've quit answering any e-mails, though they acknowledged the receipt of those e-mails when I have otherwise communicated with them several times since sending them, both via phone and at their office (even that was difficult, as they're not typically very responsive).

It has now been 42 days since I moved out and have neither received my security deposit nor a list detailing why they did not return it. I have e-mailed them a security deposit demand letter (no response). While I was gathering data to initiate a small claims case, I noticed the lease requires a notice to be delivered personally or by first class mail! It now seems like I may not receive my deposit, as they could legally be able to keep it for that extra month's rent they charged me.

A few things worth noting:
* There have been several notices the lease/law requires them to send me which they have either not sent or not sent one of the methods the lease requires.
* The very top of the lease is misleading, directing you to paragraph 16 which references the notice to vacate occupancy when the time comes. I followed paragraph 16, but paragraph 22, buried in legal definitions, is where the acceptable types of delivery for notices are detailed.
* I also searched for information about this company on the internet and found they've got a D- & F rating from BBB, and many bad reviews on different websites which state all the different ways they try to scam you out of money.

These items make me think this is all just a game to them and since they've got a lawyer on staff they can get away with being shady.

I'm looking for confirmation if the acknowledged e-mail would ever stand in court.

 

[Zigner]

...paragraph 22, buried in legal definitions, is where the acceptable types of delivery for notices are detailed.

Then comply with paragraph 22 and you're golden.

 

[acartws]

Then comply with paragraph 22 and you're golden.

That was extremely unhelpful. If I had seen it I'd have complied.

 

[Zigner]

Do you expect that we can fix your past mistakes?
Moving forward, stop using email and start using one of the specified methods of notice.

 

[acartws]

Do you expect that we can fix your past mistakes?
Moving forward, stop using email and start using one of the specified methods of notice.

I would expect if you have nothing helpful to add you'd move along

 

[Zigner]

I would expect if you have nothing helpful to add you'd move along

I am truly sorry that I am unable to provide you with answers that you want to hear.

 

[adjusterjack]

I would expect if you have nothing helpful to add you'd move along

Here's something that might be helpful to you. The lease or rental agreement doesn't trump the statutory requirement regarding the security deposit.

Read it here:

http://www.legislature.mi.gov/(S(a0hetruwphk5udvi32yzxmvp))/mileg.aspx?page=getObject&objectName=mcl-554-613

The LL has 45 days to commence legal action in court before he can keep any of the deposit. Michigan is different from most other states that allow the LL to just deduct damages from the security deposit.

Note "45 days after termination of occupancy." Doesn't matter how you notified the LL that you were terminating your tenancy, what counts is the termination, as long as you provided a forwarding address.

Since there is still 3 days left until the deadline, if you haven't provided your forwarding address by mail or in person, I suggest you hedge your bets by immediately going to the management office and personally delivering a letter with your new address, taking a witness along who can record the delivery and attest to it later if necessary.

Don't mention the 45 day deadline. If it passes with no refund, you can sue in small claims court for double the amount of the security deposit.

 

[reenzz]

554.611 Notice of forwarding address; effect of noncompliance.


Sec. 11.

The tenant shall notify the landlord in writing at the address given under section 4 within 4 days after termination of his occupancy of an address at which communications pursuant to this act may be received. Failure to comply with this requirement relieves the landlord of the requirement of notice of damages but does not prejudice a tenant's subsequent claim for the security deposit.

 

[adjusterjack]

but does not prejudice a tenant's subsequent claim for the security deposit.

 

[acartws]

Here's something that might be helpful to you. The lease or rental agreement doesn't trump the statutory requirement regarding the security deposit.

Read it here:

http://www.legislature.mi.gov/(S(a0hetruwphk5udvi32yzxmvp))/mileg.aspx?page=getObject&objectName=mcl-554-613

The LL has 45 days to commence legal action in court before he can keep any of the deposit. Michigan is different from most other states that allow the LL to just deduct damages from the security deposit.

Note "45 days after termination of occupancy." Doesn't matter how you notified the LL that you were terminating your tenancy, what counts is the termination, as long as you provided a forwarding address.

Since there is still 3 days left until the deadline, if you haven't provided your forwarding address by mail or in person, I suggest you hedge your bets by immediately going to the management office and personally delivering a letter with your new address, taking a witness along who can record the delivery and attest to it later if necessary.

Don't mention the 45 day deadline. If it passes with no refund, you can sue in small claims court for double the amount of the security deposit.

Thanks for your take on that. I'd read it, but have read several statutes and guidelines And thought someone else's input would be nice.

 

[reenzz]

I got that part, but the statute clearly states that the tenant has 4 days from vacating to provide the landlord with a WRITTEN notice of his/her new address. Tenant did not provide such. If the tenant wants his deposit back he’s going to have to take the landlord to court and let a judge decide.

 

[HRZ]

DId LL comply with section 3 of act ? IF not then Sec 11 does not apply ,

Non legal observation...if notice is sent wrong mode and other side replies I got it...the tide favors he got it ....

If you " forgot" to give LL your new address I'd do so today by the required method plus email ...if you did it earlier..be sure you have a record of same .

 

[not2cleverRed]

That was extremely unhelpful. If I had seen it I'd have complied.

Actually, you should comply now in order to mitigate your losses.

Zig's point is that since you have not complied with paragraph 22, they might argue that you did not give them notice (legally). They could claim that you have not terminated your lease because you did not comply with paragraph 22, which is why they charged you for an additional month. They may continue to charge you, and add late fees, if you do not comply with paragraph 22, and eventually take you to court.

Do I think that their behavior is correct or ethical, given that they acknowledged your notice of move out date when replying to your initial message, and that you also supplied them with your forwarding address? No, I do not. But it costs very little to follow up with a physical letter, stating the facts you laid out here, and could be useful in court, should it come to that.

 

[adjusterjack]

Judge's tend to forgive "harmless error" like missing the 4 day deadline if the non-compliance is reasonably cured.

Not so much when it comes to egregious behavior like wrongfully withholding the security deposit.

 

[HRZ]

Yes or No..did LL get Sec 3 right ....On a different matter I actually had judge measure type size in my notice...I passed...did your LL?





Sec. 3. A landlord shall not require a security deposit unless he notifies the tenant no later than 14 days from the date a tenant assumes possession in a written instrument of the landlord's name and address for receipt of communications under this act, the name and address of the financial institution or surety required by section 4 and the tenant's obligation to provide in writing a forwarding mailing address to the landlord within 4 days after termination of occupancy. The notice shall include the following statement in 12 point boldface type which is at least 4 points larger than the body of the notice or lease agreement: “You must notify your landlord in writing within 4 days after you move of a forwarding address where you can be reached and where you will receive mail; otherwise your landlord shall be relieved of sending you an itemized list of damages and the penalties adherent to that failure.” Failure to provide the information relieves the tenant of his obligation relative to notification of the landlord of his forwarding mailing address.