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Michigan Legal Aid

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.

 

WHEN MOVING OUT

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.

WITHIN FOUR (4) DAYS

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.

WITHIN THIRTY (30) DAYS

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.

WITHIN SEVEN (7) DAYS OF RECEIVING ITEMIZED LIST

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.

WITHIN 45 DAYS

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.

            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.