Michigan Landlord/ Tenant Law Question: Previous Landlord is suing for $3783.80.He retained security/pet dep?
June 26th, 2011 | 
Author: Michigan Landlord/ Tenant Law Question: Previous Landlord is suing for $3783.80.He retained security/pet dep?
Both landlords visited us throughout our 19 month stay either for repairs or just to stop by. Each time they visited, they expressed immense gratitude for how well we kept the home up (we are immaculate…a tad OCD). We had carpets professionally cleaned, & did them ourselves as we own a machine. During final walk through, after home was emptied, landlord agent said ” Wow, you guys sure kept this home clean! We will really miss having you as tenants!” No inventory checklist was filled out during walk through, & no mention of damages.
30 days later, agent sent a letter with an attached itemized damage/cleaning sheet totaling $2383.80. $1438.80 in damages, $945.00 cleaning. They never returned our security deposit, nor did they follow the state guidelines in retaining this. He is suing for preexisting damages noted on checklist upon move-in and is charging an exuberant amount for cleaning (i.e $420 for carpets which we paid $130 for just prior to move out, $100 to wash tile floor in kitchen, $1225 to clean patch and paint walls which were noted to be in poor shape prior to moving in) Please Help.
We have court in 2 days, and are representing ourselves. We feel prepared. He has not retained an attorney either. This will be done before a jury. Does he have a chance? Do we have a chance?
Please note, walls upstairs were in poor shape prior to moving in. This was noted on the move in checklist and signed by landlord (agreeing to their poor condition in which he now wants us to pay to remodel them). Also, Michigan has a normal wear and tear ordinance. In this case, there was none as I noted how impeccable we cared for the home. The landlord is entitled to damages above and beyond wear and tear, but should he be entitled to funds based on minimal wear and preexisting damages?
Posted in Landlord Tenant Law
Take your witnesses – and – photographs if you have any. Make sure you have your documents with you. Landlords will file suit to claim security deposits – most people will not fight them. It is free money for the landlord if he wins. If he doesn’t then it is your money that he will give back to you. Except for the filing fee in court, they are out very little. Watch for this – because if they file suit on a regular basis, then they know the ropes, and will also have their ducks-in-a-row. (make sure you have the receipts for the cleanings, also)