landlord tenant

Question Details: my signed lease in Michigan states all security deposit will be returned within 30 days after numerous phone calls it has been nearly 3 months and still no return of my deposit what can i do to get it back and what can i charge them for the inconvenience

Asked 8/15/2009 under Business | 275 View(s) | More Legal Topics

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John Tatone / John R. Tatone & Associates, PLC Answered 2 years ago | Contributor This attorney is licensed in Michigan

If you have followed the procedure correctly, i.e. provided a written notice of forwarding address within 4 days of vacating the premises, and you have not been provided with a lawsuit/notice of damages within 45 days, you are entitled to you security deposit and damages as well as attorney fees if you have to sue to obtain the deposit.  If you have not followed the procedure, you may still be entitled to the security deposit, however the landlord's requirements of notice/lawsuit for damages may be extended/waived.  Either way, you will have to file a lawsuit in the district court for the city where the property is located.  Please contact me if you would like to discuss in more detail at 586-868-5100.

John R. Tatone, Esq.

I am a lawyer in CT and practice in this area of the law.  Most states have statutes that say that the landlord's failure to return the security deposit entitled you to double damages and atty fees for having to sue the landlord to get the deposit back.  I do not know if your state has this specifically, but you should hire a lawyer and sue the landlord for not returning the deposit.

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