This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Michigan Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment
State:
Multi-State
Control #:
US-01678BG
Format:
Word;
Rich Text
135 downloads
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FAQ
If all of the following happen, you can sue your former landlord for double your security deposit (for example, if your security deposit was $1,500, you can sue for $3,000): Your landlord doesn't start a court case in 45 days or return your deposit to you.
AN ACT to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental ...
If the tenant objects to the landlord's notice of damages within seven days, the landlord is going to withhold any money from a tenant's security deposit, then the landlord must file a claim in court within 45 days of the termination of occupancy.
Within 30 days of termination, the landlord must return the full security deposit or send the tenant an itemized list of damages along with any undisputed money. The notice must contain a statement advising the tenant to notify the landlord within 7 days if s/he disputes the landlord's claims.
A landlord cannot use your security deposit to fix ?normal wear and tear?. This means that he cannot keep your deposit to do things like shampoo the carpets or clean and paint the walls for the next tenant unless you have really damaged them.
Under Michigan law, there are several types of recoverable damages in cases against apartment owners and managers. These are the same types of damages in all personal injury lawsuits. You can receive compensation for your physical pain and suffering, mental anguish, disability, and loss of enjoyment of life.
(1) Within 45 days after termination of the occupancy and not thereafter the landlord may commence an action in a court of competent jurisdiction for a money judgment for damages which he has claimed or in lieu thereof return the balance of the security deposit held by him to the tenant or any amount mutually agreed ...
Normal wear and tear is damage that is expected when a rental unit is used in a normal way, such as gently worn carpets and faded walls. Damage is the destruction caused by abusive or negligent use of a rental unit, like ripped carpets and heavily stained walls.