Concern over 30-day time for security deposit return/itemized damage list

[Maxamoose]

What is the name of your state? Michigan

According to section 9 of the security deposit law, act 348 of Public acts of 1972, If the landlord claims the tenant caused damages to the premises, the landlord is required to provide the tenant a notice in writing within 30 days of termination of the tenancy. The notice itemizes each deduction from the security deposit, “including the estimated cost of repair of each property damaged item and the amounts and bases on which he intends to assess the tenant.” The remaining security deposit amount is sent to the tenant with the itemized deductions for damages notice. A tenant must respond within 7 days whether the tenant agrees or disagrees with the itemized damages notice or will forfeit their rights to challenge the alleged damages. If a landlord fails to provide written itemization of alleged damages within 30 days of termination of the tenancy, the landlord must forward the entire security deposit to the tenant.

I ended the lease Dec 22, 2018 and received the letter in late January, the letter was post stamped 22 Jan, 2019. This is over the 30 days, but the 21st was MLK day, as well as I've read that if its over a certain number of days then holidays are included in the 30 days. I've also read that the day after a letter is sent is the day it's received, making the date I received the letter the 23rd, 32 days after the lease end date.

Am I counting the days correct and if so, am I entitled to the security deposit in full?

Before I noticed the dates, I replied by mail within 7 days disputing the damage charges the LL sent. The charges are to replace the carpet due to stains.

 

[adjusterjack]

I've read that if its over a certain number of days then holidays are included in the 30 days. I've also read that the day after a letter is sent is the day it's received

I don't know where you read all that but I seriously doubt that any judge is going to take kindly to your quibbling over 1 day.

I replied by mail within 7 days disputing the damage charges the LL sent. The charges are to replace the carpet due to stains.

With what results?

Provide us with figures.

 

[Maxamoose]

I don't know where you read all that but I seriously doubt that any judge is going to take kindly to your quibbling over 1 day.

With what results?

Provide us with figures.

The cost of the carpet was prorated at ~$650, security deposit was ~$400.

After I sent the letter, a few weeks later they sent another letter stating after investigating the matter I was still being charged for the carpet.
I replied asking for the information of the investigation, including the date the original carpet was installed and the cost, as well as the damage on the original carpet that deemed it destroyed. They haven't responded and its been about a month, in that month I've called a few times and got a machine, emailed twice asking for the info and results, and nothing is being responded to.

Damage concern: I spilled one glass of fruit punch and thought I got it up from the carpet, that's the extent of what I can remember that would be damaging. There were stains already in the carpet from what looks like a pet, I took mention of one of these stains in the move in document. This is why I don't think it was me that damaged the carpet and why I would like the information on the damages in question.

I don't enjoy being charged for damages I didn't make, as well as the way the LL is being non-responsive lead me to investigate the original 30-day notice issue.

edit: I didn't own or have an animal in the apartment

 

[adjusterjack]

If, by "prorated," you mean that depreciation was applied to the carpet then $650 is pretty reasonable for a house or apartment replacement.

With evidence of damage on move in, you might be able to recover some, or all, of that in small claims court.

 

[Zigner]

The landlord doesn't have to respond to any of your requests. Your remedy is through the courts at this point. I feel that you have a decent shot at prevailing in court. Perhaps not for the full amount...but I'd give it a try if you don't mind losing at least a day of work over this.

 

[Gail in Georgia]

Do you have pictures of the carpet at move in to back up your claim of pet damages prior to move in?

Gail

 

[Maxamoose]

Do you have pictures of the carpet at move in to back up your claim of pet damages prior to move in?

Gail

No photos, just the move in check sheet with info on where the stain was, i.e hallway next to living room.
I'm more curious about the 30 day notice ruling. If it's something to pursue or to just move to the next stages of the process.

 

[Zigner]

No photos, just the move in check sheet with info on where the stain was, i.e hallway next to living room.
I'm more curious about the 30 day notice ruling. If it's something to pursue or to just move to the next stages of the process.

If there are more stains than just that one, then you're on the hook for those.

 

[LdiJ]

If there are more stains than just that one, then you're on the hook for those.

It might be clearer to state that she is responsible for any stains not noted on the move in check sheet.

 

[Zigner]

It might be clearer to state that she is responsible for any stains not noted on the move in check sheet.

Well, since only ONE stain was noted on the move in check sheet, my statement was perfectly clear and perfectly accurate.

There were stains already in the carpet from what looks like a pet, I took mention of one of these stains in the move in document.

 

[Maxamoose]

I imagine that'll be their counter argument as well. The other stains were in the bedroom, which didn't have a light in the room at move in. Only noticed them later when I bought a lamp for the room, weeks after the check sheet was turned in.

Any more tips or info on the 30 day notice debacle? or should that not be considered as a possible action?

 

[Zigner]

I imagine that'll be their counter argument as well. The other stains were in the bedroom, which didn't have a light in the room at move in. Only noticed them later when I bought a lamp for the room, weeks after the check sheet was turned in.

Any more tips or info on the 30 day notice debacle? or should that not be considered as a possible action?

It's a crapshoot.

 

[FarmerJ]

How long again did you live there ?

 

[STEPHAN]

Any more tips or info on the 30 day notice debacle? or should that not be considered as a possible action?

I would not count on it.

 

[Gail in Georgia]

It's doubtful the fact you RECEIVED it 32 days after the "deadline" means beans.

It's often the postmarked date that means anything. Once it leaves the landlords hands and goes into the mail system, that person has no control over when you actually receive it. For example, if you had gone on vacation for two weeks during this time period, do you believe you would have any chance of an argument of receiving this documentation two weeks after the deadline?

And one day after this magic "deadline" likely isn't going to mean much in court either.

IF the landlord had tried to charge you for the entire cost of new carpet replacement that would be a different matter. However, a prorated charge is a good indication they are aware of the need to charge prorated fees for carpet damage based on the remaining existing "life" in a rental carpet.

Gail