aboleth
Jan 4, 2009, 07:01 PM
Hello!
I was living month to month (12 month lease had expired) at a home in Lansing, MI. I gave my landlord 6 weeks notice that I was moving. He aknowledged this, and I had given him over 30 days notice, which was fine. This notice was given in writing. The day I left (October 31st) I left another note with the keys and my forwarding address.
My ex wife and myself had paid a security deposit of $500, and when I left the home, it was in the same condition, and possibly cleaner than when I arrived. I went through a divorce while living there, and the EX moved out. No changes were made to the lease. When the ex moved out I lost my copy of the lease, so I do not currently have that. I do however have reciepts showing that I was indeed paying him rent. I also do not have the receipt for the security deposit, however I do not believe that there will be any contention on whether I paid a deposit.
After 2 weeks I happened to see the landlord when I was at the home checking for mail. He said he'd send me a check after going through the house. That night I left him a message on his cell phone asking him to please send me a notice of damages if applicable if he did not intend on paying my full security deposit back. I did not hear anything from him until a week or so ago, after I had sent him a letter stating my intent to take him to court. After talking with him, and informing him that he couldn't charge for things like painting and cleaning the house, he said he'd get back with me in 2 days. This never happened. He never sent me a notice of damages within 30 days of leaving his residence. (he still hasnt) Michigan law states that no notice of damages within 30 days constitutes an agreement that no damages are due.
Michigan Legislature (http://www.legislature.mi.gov/(S(wwog3055wvnsvp45fuqkpt55))/mileg.aspx?page=getObject&objectName=mcl-554-610)
I am going to file the complaint with the court tomorrow. I have a letter from my ex wife stating that the deposit was paid, and that we were indeed tenants at his rental house. (this was hard to do as my ex and I aren't on the best of terms).
The letter I sent to him giving him notice of my departure also requested a copy of the lease. I never received this.
So, I don't have the lease, and I don't have a receipt for the deposit. I do have an ex wife who's willing to back up what I'm saying, and the laws regarding the deposit seem fairly clear, and he does indeed owe me a deposit. Am I going to have trouble getting this to stick via the court system without copies of these pieces of information? I also lost a hard drive and I don't have all the letters I sent him.. I do have dates and I have called him several times and left several messages with no response. Can anyone give me any advice? I don't even know how to file the motion and what information the courts will be looking for. This guy is a deadbeat, and that's the only reason that my ex is willing to help me if she has to.
Thanks!
Nick
I was living month to month (12 month lease had expired) at a home in Lansing, MI. I gave my landlord 6 weeks notice that I was moving. He aknowledged this, and I had given him over 30 days notice, which was fine. This notice was given in writing. The day I left (October 31st) I left another note with the keys and my forwarding address.
My ex wife and myself had paid a security deposit of $500, and when I left the home, it was in the same condition, and possibly cleaner than when I arrived. I went through a divorce while living there, and the EX moved out. No changes were made to the lease. When the ex moved out I lost my copy of the lease, so I do not currently have that. I do however have reciepts showing that I was indeed paying him rent. I also do not have the receipt for the security deposit, however I do not believe that there will be any contention on whether I paid a deposit.
After 2 weeks I happened to see the landlord when I was at the home checking for mail. He said he'd send me a check after going through the house. That night I left him a message on his cell phone asking him to please send me a notice of damages if applicable if he did not intend on paying my full security deposit back. I did not hear anything from him until a week or so ago, after I had sent him a letter stating my intent to take him to court. After talking with him, and informing him that he couldn't charge for things like painting and cleaning the house, he said he'd get back with me in 2 days. This never happened. He never sent me a notice of damages within 30 days of leaving his residence. (he still hasnt) Michigan law states that no notice of damages within 30 days constitutes an agreement that no damages are due.
Michigan Legislature (http://www.legislature.mi.gov/(S(wwog3055wvnsvp45fuqkpt55))/mileg.aspx?page=getObject&objectName=mcl-554-610)
I am going to file the complaint with the court tomorrow. I have a letter from my ex wife stating that the deposit was paid, and that we were indeed tenants at his rental house. (this was hard to do as my ex and I aren't on the best of terms).
The letter I sent to him giving him notice of my departure also requested a copy of the lease. I never received this.
So, I don't have the lease, and I don't have a receipt for the deposit. I do have an ex wife who's willing to back up what I'm saying, and the laws regarding the deposit seem fairly clear, and he does indeed owe me a deposit. Am I going to have trouble getting this to stick via the court system without copies of these pieces of information? I also lost a hard drive and I don't have all the letters I sent him.. I do have dates and I have called him several times and left several messages with no response. Can anyone give me any advice? I don't even know how to file the motion and what information the courts will be looking for. This guy is a deadbeat, and that's the only reason that my ex is willing to help me if she has to.
Thanks!
Nick