Canmy landlord claim damages to the rental unit 15 weeks after I moved out?

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Canmy landlord claim damages to the rental unit 15 weeks after I moved out?

A former landlord mailed me a list of damages weeks later although the unit has been rented to other students just 1 week after I moved out. I have spoken with this landlord via e-mail on several occasions with regard to sending me a list of damages. I just received the list last week from the landlord and it says that I owe an additional $170 and they kept my security deposit too. What are my rights as a tenant with regard to this matter?

Asked on August 22, 2011 Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your landlord can claim damages to the unit that you rented fifteen (15) weeks after you moved out. The problem with his or her claim is that under the laws of most states there is a time period for a landlord to return a tenant's security deposit after the tenant vacates the unit (usually 21 to 45 days depending upon the state) and if the full amount of the security deposit is not returned in that time period, there has to be a statement why the full amount was not returned along with receipts, invoices and cancelled checks showing what repairs the security deposit was used for.

In your situation, this does not appear to have happened. It appears that your former landlord may not have complied with your state's statute on the timely return and/or debiting of a tenant's secuirty deposit.

You should write your landlord asking for the full return of your security deposit after you have verified the law in your state for its return.

Good luck.


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