Is there a time frame on when I can sue if I moved out 45 days ago and my landlord keeps giving me the runaround about returning my security deposit?

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Is there a time frame on when I can sue if I moved out 45 days ago and my landlord keeps giving me the runaround about returning my security deposit?

I would like to keep to keep this out of court if possible but I don’t want to lose my security deposit either.

Asked on December 15, 2011 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In all states in this country there are statutes requiring a former landlord to return his or her former tenant's security deposit for the rental in 21 to 45 days depending upon the laws of a given state. If your former landlord has not returned your security deposit after 45 days post move out, I would call your landlord about the need to return the security deposit in a certain period of time followed up with a confirming letter.

Keep a copy of the letter for future need and reference. If the landlord fails to return the security deposit in the stated period by you, your option is to bring a small claims court action against your former landlord.


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