godpuncher
Junior Member
What is the name of your state (only U.S. law)? Michigan
I provided the required 30 days notice when moving out of my apartment. After 30 days, my landlord sent photocopies of receipts, many of which I can not tell what they are for. He also sent just a list of numbers beginning with the amount of my deposit at the top, and just starts subtracting amounts, but does not say what each deduction is for. Some of the amounts deducted match receipts, some do not, but even the ones that do match, I still do not know what they are for. There was another separate piece of paper that just said "replaced two interior doors and outer storm door" and just listed "materials $280, labor $100." As far as I know, there is nothing wrong with any of the doors outside of normal wear and tear. He also wrote on still another piece of paper "painted walls" with a dollar amount, but that amount isn't listed on the paper where he deducts everything from my initial deposit. Also, there is a Michigan law that states: "The notice of damages shall include the following statement in 12 point boldface type which shall be at least 4 points larger than the body of the notice: '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 was not done. Now, the law says that in the case of a dispute, he must file a court case within 45 days of the move-out date, otherwise I'm allowed to file a claim for double the amount of the deposit.
My questions:
1) I did not receive the notice of damages within 30 days of moving out--however, the notice WAS postmarked on the 30th day. Does this qualify as being within the required 30 days?
2) Due to the incredibly confusing nature of the notice, am I better off attempting to figure out what each deduction is for and disputing them individually, or should I just make a blanket denial of all damages due to the fact that the "itemized list of deductions" is nearly impossible to understand?
3) Is my landlord's failure to include the clause about responding within 7 days enough of an issue for a judge to award me the deposit on that alone?
4) Since my landlord did NOT include this clause, if I fail to respond withing seven days, do I forfeit my right to dispute the damages? And if I wait 15 days, thereby preventing him from filing a case within 45 days of move out, will I then be allowed to file a case against him for the deposit, or would I still be expected to reply within 7 days, regardless of the landlords failure to include the clause?
Generally, I'm wondering what my best strategy is here.
Applicable law:
554.609 Itemized list of damages; check or money order; contents of notice of damages.
Sec. 9.
In case of damage to the rental unit or other obligation against the security deposit, the landlord shall mail to the tenant, within 30 days after the termination of occupancy, an itemized list of damages claimed for which the security deposit may be used as provided in section 7, 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 list shall be accompanied by a check or money order for the difference between the damages claimed and the amount of the security deposit held by the landlord and shall not include any damages that were claimed on a previous termination inventory checklist prior to the tenant's occupancy of the rental unit. The notice of damages shall include the following statement in 12 point boldface type which shall be at least 4 points larger than the body of the notice: �You must respond to this notice by mail within 7 days after receipt of same, otherwise you will forfeit the amount claimed for damages.�.
I provided the required 30 days notice when moving out of my apartment. After 30 days, my landlord sent photocopies of receipts, many of which I can not tell what they are for. He also sent just a list of numbers beginning with the amount of my deposit at the top, and just starts subtracting amounts, but does not say what each deduction is for. Some of the amounts deducted match receipts, some do not, but even the ones that do match, I still do not know what they are for. There was another separate piece of paper that just said "replaced two interior doors and outer storm door" and just listed "materials $280, labor $100." As far as I know, there is nothing wrong with any of the doors outside of normal wear and tear. He also wrote on still another piece of paper "painted walls" with a dollar amount, but that amount isn't listed on the paper where he deducts everything from my initial deposit. Also, there is a Michigan law that states: "The notice of damages shall include the following statement in 12 point boldface type which shall be at least 4 points larger than the body of the notice: '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 was not done. Now, the law says that in the case of a dispute, he must file a court case within 45 days of the move-out date, otherwise I'm allowed to file a claim for double the amount of the deposit.
My questions:
1) I did not receive the notice of damages within 30 days of moving out--however, the notice WAS postmarked on the 30th day. Does this qualify as being within the required 30 days?
2) Due to the incredibly confusing nature of the notice, am I better off attempting to figure out what each deduction is for and disputing them individually, or should I just make a blanket denial of all damages due to the fact that the "itemized list of deductions" is nearly impossible to understand?
3) Is my landlord's failure to include the clause about responding within 7 days enough of an issue for a judge to award me the deposit on that alone?
4) Since my landlord did NOT include this clause, if I fail to respond withing seven days, do I forfeit my right to dispute the damages? And if I wait 15 days, thereby preventing him from filing a case within 45 days of move out, will I then be allowed to file a case against him for the deposit, or would I still be expected to reply within 7 days, regardless of the landlords failure to include the clause?
Generally, I'm wondering what my best strategy is here.
Applicable law:
554.609 Itemized list of damages; check or money order; contents of notice of damages.
Sec. 9.
In case of damage to the rental unit or other obligation against the security deposit, the landlord shall mail to the tenant, within 30 days after the termination of occupancy, an itemized list of damages claimed for which the security deposit may be used as provided in section 7, 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 list shall be accompanied by a check or money order for the difference between the damages claimed and the amount of the security deposit held by the landlord and shall not include any damages that were claimed on a previous termination inventory checklist prior to the tenant's occupancy of the rental unit. The notice of damages shall include the following statement in 12 point boldface type which shall be at least 4 points larger than the body of the notice: �You must respond to this notice by mail within 7 days after receipt of same, otherwise you will forfeit the amount claimed for damages.�.