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Posted by Mike on April 22, 1999 at 21:45:42:

In Reply to: Payment of last month's rent posted by Erin on April 21, 1999 at 18:38:33:

: My old landlod of my old apt. called me and said I owe my last month's rent. I gave him one month's notice and he still has my security deposit. I asked him to used the security deposit for last month's rent and he said due to paperwork I had to pay April's rent in total(even though I gave him a month's notice March 15th)and he would return my security deposit minus monies owed for of cousrse (damage he says were in the apt.)Which when I left there were none. It is to recarpet for the new tenants.
: Do I owe him money even though he has my security deposit? HELP?!

Security deposits are kept for the primary reason of damages. Deposits can,
in Michigan, be used to reclaim any rent not paid. The landlord must submit
to you in writing an itemized list of damages, usually within 30 days.
Damages are defined as "the direct result of conduct not normally expected
during the habitation of a dwelling." Alot of tenants get ripped off by
landlords who tell them there was damage and the keep their deposits (illegally),
but that's why most tenants do what you did. Withhold last months rent, in
order to, in effect, get their deposit back. Again, in Michigan, a landlord
would have to obtain a judgement prior to withholding your deposit. Tenants
and their security deposits are protected pretty well. In fact, failure of the
landlord to comply with the law and return a deposit could cost them twice
the amount of the deposit!
usually the result of time
and wear and tear.

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Comments:
: : My old landlod of my old apt. called me and said I owe my last month's rent.  I gave him one month's notice and he still has my security deposit.  I asked him to used the security deposit for last month's rent and he said due to paperwork I had to pay April's rent in total(even though I gave him a month's notice March 15th)and he would return my security deposit minus monies owed for of cousrse (damage he says were in the apt.)Which when I left there were none. It is to recarpet for the new tenants.  
: : Do I owe him money even though he has my security deposit?  HELP?!

: Security deposits are kept for the primary reason of damages. Deposits can, 
: in Michigan, be used to reclaim any rent not paid.  The landlord must submit 
: to you in writing an itemized list of damages, usually within 30 days. 
: Damages are defined as "the direct result of conduct not normally expected 
: during the habitation of a dwelling." Alot of tenants get ripped off by 
: landlords who tell them there was damage and the keep their deposits (illegally),
: but that's why most tenants do what you did. Withhold last months rent, in 
: order to, in effect, get their deposit back. Again, in Michigan, a landlord
: would have to obtain a judgement prior to withholding your deposit. Tenants 
: and their security deposits are protected pretty well. In fact, failure of the
: landlord to comply with the law and return a deposit could cost them twice
: the amount of the deposit!
: usually the result of time
: and wear and tear.



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