Tenants And Landlords Resource Guide - Michigan State University, College Of Law Page 14
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39means giving reasons why the tenant
RECOVERING THE SECURITY
disputes each item of damage and the
DEPOSIT AT THE END OF THE
amount assessed against the security deposit,
TENANCY
and why the tenant should not be
Q1 What must the TENANT do at the end
responsible. Simply making a blanket
of the lease?
statement that the tenant does not agree will
not do; the tenant must address each item on
The tenant must provide his or her
the list individually. The tenant’s detailed
forwarding address – in writing – to the
response must be sent to the landlord by
landlord within 4 days of moving out.
mail.
Calling or telling the landlord, or landlord’s
agent, won’t do. While the landlord must
Q4 What must the landlord do once he or
inform a tenant of this at the beginning of
she receives notice of the tenant’s dispute
the lease, all too often a tenant forgets to do
of the itemized list of damages?
this when he or she moves out. Without a
If the tenant disputes all or part of the
forwarding address, the landlord has no duty
itemized list of damages, the landlord is left
to make arrangements for returning the
with two choices:
deposit. If the forwarding address is
provided within the 4 days, the landlord has
a) Negotiate or mediate an agreement in
30 days from move-out to respond in some
writing with the tenant; OR
way.
b) Commence an action in court for a
money judgment for damages that he or
Q2 What must the LANDLORD do at the
she claimed against the tenant’s security
end of the lease?
deposit, which the tenant disputes.
The landlord receives the tenant’s
Remember, the security deposit remains
forwarding address within 4 days of move-
the tenant’s property until the landlord
out, the landlord has 30 days from move-out
perfects a claim to it – either by agreement
to either:
or by court order. If the landlord and tenant
a) Return the entire amount of the deposit
cannot agree and if the landlord goes to
by check or money order, OR
court, he or she MUST prove that the tenant
b) Send – by mail – an itemized list of
is actually responsible for the damages.
damages lawfully assessed against the
Q5 Who must file suit – the landlord or the
deposit and a check or money order for
tenant – for the security deposit?
the remaining balance of the deposit (if
any).
Either the landlord or the tenant can be
the plaintiff in a security deposit suit.
The itemized list must also contain the
following notice: “You must respond to this
The landlord may file suit within 45
notice by mail within 7 days after receipt of
days from termination of occupancy. If both
same. Otherwise you will forfeit the amount
the tenant and the landlord have followed
claimed for damages.”
the security deposit timeline perfectly and
there still remains a dispute on the amount
Q3 What must the tenant do when he or
of damages assessed against the tenant’s
she receives the itemized list of damages?
security deposit, the landlord MUST file suit
If the tenant disputes any of the items on
to retain the deposit. If the landlord does not
the itemized list, the tenant MUST respond –
file suit, he or she may be liable to the tenant
in detail, by mail – within 7 days of his or
her receipt of the list. “Responding in detail”
T e n a n t s a n d L a n d l o r d s R e s o u r c e G u i d e
Page 12
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