Landlord Tenant Guide - State of Michigan

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The tenant MUST provide his or herforwarding address—in writing—to thelandlord within 4 days of moving out. Callingor telling the landlord, or landlord’s agent,won’t do. While the landlord must inform atenant of this at the beginning of the lease, alltoo often a tenant forgets to do this when heor she moves out. Without a forwardingaddress, the landlord has no duty to makearrangements for returning the deposit. If theforwarding address is provided within the4 days, the landlord has 30 days from moveout to respond. If the landlord receives the tenant’sforwarding address within 4 days of move out,the landlord has 30 days from move out toeither:a) Return the entire amount of the depositby check or money order, ORb) Send—by mail—an itemized list ofdamages lawfully assessed against the depositand a check or money order for the remainingbalance of the deposit (if any).The itemized list must also contain thefollowing notice: “You must respond to thisnotice by mail within 7 days after receipt ofsame. Otherwise you will forfeit the amountclaimed for damages.” (See example, page 49.) If the tenant disputes any of the itemson the itemized list, the tenant MUSTrespond—in detail, by mail—within 7 days ofhis or her receipt of that list. “Responding indetail” means giving reasons why the tenantdisputes each item of damage and the amountassessed against his or her security deposit,and why he or she should not be responsible.Simply making a blanket statement that thetenant does not agree will not do; the tenantmust address each item on the list individually.The tenant’s detailed response must be sentto the landlord by mail. If the tenant disputes all or part of theitemized list of damages, the landlord is leftwith two choices:a) Negotiate or mediate an agreement inwriting with the tenant, ORb) Commence an action in court for amoney judgment for damages that he or sheclaimed against the tenant’s security deposit,which the tenant disputes.Remember, the security deposit remainsthe tenant’s property until the landlordperfects a claim to it—either by agreement orby court order. If the landlord and tenantcannot agree and if the landlord goes to court,he or she MUST prove that the tenant isactually responsible for the damages. Either the landlord or the tenant can bethe plaintiff in a security deposit suit.The landlord may file suit within 45 daysfrom termination of occupancy. If both thetenant and the landlord have followed thesecurity deposit timeline perfectly and therestill remains a dispute on the amount ofdamages assessed against the tenant’s securitydeposit, the landlord MUST file suit to retainthe deposit. If the landlord does not file suit,he or she may be liable to the tenant fordouble the amount of the security depositretained.The tenant may be required to file suit incertain circumstances. The burden of filing suitshifts to the tenant if:a) The tenant failed to provide his or herforwarding address in writing within 4 days ofterminating occupancy, ORb) The tenant failed to respond—by mail—to the itemized list of damages within 7 daysof receiving it, ORc) The landlord failed to return the tenant’sdeposit after receiving the tenant’s responsedisputing the amount assessed against it.
Beginning of Lease(generally move in)MCL 554.602, 554.604, 554.605,554.608(2)Within 7 days from move in(landlord and tenant may agreeto a shorter period, but not alonger period)MCL 554.608(3)Within 14 days from move inMCL 554.603Move out(not necessarily the end of thelease)MCL 554.608(5)Within 4 day after move outMCL 554.611Within 30 days after move outMCL 554.609Within 7 days of tenant’s receiptof landlord’s itemized list ofdamagesMCL 554.612Within 45 days—not thereafter—of move outMCL 554.613Ensure that any security deposit, ifrequired, does not exceed 1 1 ⁄2 months’rent.Deposit tenant’s security deposit in aregulated financial institution OR file asurety bond with the state.Provide tenant:1. A copy of the lease, and2. Two blank copies of the inventorychecklist.Recommendation: Keep tenant’scompleted checklist.Provide tenant in writing:1. Landlord’s name and address forreceipt of rent and communications;2. Where tenant’s security deposit willbe held (name and address of thefinancial institution or surety bondcompany); and3. Include specific statutory notice oftenant’s duty to provide forwardingaddress within 4 days of move out.Complete a termination inventorychecklist, noting condition of rentalunit.Recommendation: Keep a copy oftenant’s forwarding address.Mail to tenant an itemized list ofdamages, with proper statutory noticeprovision claimed against tenant’ssecurity deposit accompanied by acheck or money order for thedifference. Only unpaid rent, unpaidutility bills, and damages to the rentalunit beyond reasonable wear and tearcaused by tenant may be claimedagainst the deposit (not cleaning fees).Watch for tenant’s mailed response tothe itemized list of damages.To be entitled to keep the disputedamount of security deposit, file suitagainst tenant for damages—unless anexception applies.The security deposit is the lawfulproperty of the tenant.Recommendation: Read the lease(preferably before signing it) and allother information provided to youby the landlord. Request fromlandlord the inventory checklistand/or itemized list of damagereport from previous tenancy.Return to landlord the completedinventory checklist, noting conditionof rental unit (add pages ifnecessary); be sure to keep a copyyourself.Recommendation: Read theinformation provided to you by thelandlord.Recommendation: Remove allpersonal property; clean the rentalunit; turn in keys.Provide landlord in writing (notorally) your forwarding address.Recommendation: Watch for theitemized list of damages in the mail.Respond in detail, by ordinary mail,indicating agreement ordisagreement to the damagescharged.Be sure to count the days; the dateof mailing is considered the date ofresponse.If suit is filed, appear in court anddefend.Note: If suit is not filed, you mayfile suit for recovery of your securitydeposit.
Page 4 and 5: Read the lease. Read the lease. Rea
Page 6 and 7: Note: Two copies of an inventory ch
Page 8 and 9: The security deposit is an amount o
Page 12 and 13: Subleasing occurs when a tenant per
Page 14 and 15: If the landlord wishes to remove a
Page 16 and 17: c) Lease (attached to the Complaint
Page 18 and 19: of the rent was withheld for the pu
Page 21 and 22: Parties in a dispute can choose tom
Page 23 and 24: MACOMB, St. ClairThe Resolution Cen
Page 25 and 26: There is a cost for filing a small
Page 27 and 28: Maintenance problems range from thi
Page 29 and 30: should send a letter—certified ma
Page 39 and 40: Attach copy of lease or rental agre
Page 41 and 42: Disclosure of Information on Lead-B
Page 43 and 44: BEDROOMDOOR:WINDOWS:CARPET OR FLOOR
Page 45 and 46: TO: _______________________________
Page 47 and 48: TO: _______________________________
Page 49 and 50: TO:FROM:___________________________
Page 51: Forms prepared and approved by the

Landlord Tenant Guide - State of Michigan

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