YOUR SECURITY
DEPOSIT IS YOUR MONEY
UNTIL THE LANDLORD PROVES OTHERWISE
Timetable and notes for moving out and getting your deposit back
MAKE
ALL PAYMENTS BY CHECK. KEEP A COPY OF
YOUR CANCELLED RENT AND SECURITY DEPOSIT CHECKS. KEEP A COPY OF YOUR LEASE AND
INVENTORY
CHECKLIST. MAKE A LOG OF VERBAL CONTACTS.
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WHEN
MOVING OUT
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Return your key and move all your
property out. If you have any damages, document the extent of the damages
with photographs now, in case a dispute arises.
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WITHIN
FOUR (4) DAYS
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Notify the landlord in writing of
your new address. (See sample letter #1 on Page 1.) Send the letter by Certified
Mail/Return Receipt Requested**. Make a photocopy of the letter.
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WITHIN
THIRTY (30) DAYS
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The landlord must return the deposit
or send an itemized list of damages plus a check for the balance. If the
landlord does not contact you within thirty (30) days, you are entitled to
the full amount of the deposit. Immediately send a letter, Certified
Mail/Return Receipt Requested**, demanding your deposit.
(See sample letter #2 on Page 2.) Make a photocopy.
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WITHIN
SEVEN (7) DAYS OF RECEIVING ITEMIZED LIST
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If your security deposit is not
returned in full and you feel the amount deducted is unfair, write your
landlord a letter listing the points of disagreement. (See sample letter #3
on Page 3.) Send it Certified Mail/Return Receipt Requested** and keep
a copy for your records.
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WITHIN
45 DAYS
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The disputed amount must be returned,
or the landlord must have started Court action. If within 45 days of moving
out the landlord has failed to contact you at all or has not started Court
action of the disputed damages, you are entitled to double the amount of the
deposit withheld.
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If you have not received your
Security Deposit within 45 days, Court action will probably be necessary.
Inform your landlord in writing that you want double the amount of the deposit
that was withheld or you will start Court action. (See sample letter #4 on Page
4.) Send the letter Certified Mail/Return Receipt Requested and make a
photocopy. The above procedure, if followed, should provide sufficient evidence
for you to present your case in court.
Letters should be mailed Certified
Mail/Return Receipt Requested. You can do this at any Post Office or
substation. If your landlord does not accept the letter, keep it as evidence,
do not open it, and you may send another more recently dated similar to the
original by First Class Mail.
**The
above schedule does not apply if you have UNPAID RENT and/or UTILITIES**
This information was provided to you by a grant from the Michigan State Bar
Foundation.
