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| Michigan Security Deposit help? I'm the landlord. Renter was Section 8. Section 8 paid $825/mo, renter paid balance of $190/mo. Lease was from 3/1/07 to 2/29/08. Section 8 cut off her funding and she had to move out 1/31/08. Her security deposit was $1015. She did not pay her $190 from January. She had damages in the amount of $390.09 (two broken windows, a broken screen, messed up the siding, we had to clean the carpets due to stink issues, and a broken louvered bifold door). She also owed $80 for unpaid water bills, which were supposed to be paid quarterly with rent per her lease. Am I able to keep the $1015 since she defaulted on the lease by moving out early? I don't expect money in excess of the security deposit, I just want to make sure I'm not going to get sued. Based on this part of the law, it sounds like I am legally able to keep it: 554.607 Security deposit; permissible uses. Sec. 7. A security deposit may be used only for the following purposes: (a) Reimburse the landlord for actual damages to the rental unit or any ancillary facility that are the direct result of conduct not reasonably expected in the normal course of habitation of a dwelling. (b) Pay the landlord for all rent in arrearage under the rental agreement, rent due for premature termination of the rental agreement by the tenant and for utility bills not paid by the tenant. (the "rent due for premature termination of the rental agreement by the tenant" part) |
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| It is simple. You substract rent that wasn't paid and all the damages as well as the unpaid water bill. You need to itemize the damages on a list and sed it to her stating that damages exceed your deposit. If you have kept records of repairs and cleaning, no way she can sue. |
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| At one time I would rent to section 8, but not anymore. You are not allowed to keep the deposit, until the section 8 inspector comes to your place and check for damages. You have to leave the place dirty, and not repaired until they take pics of the place. Sometimes this takes a month... You will be entitled to damages only to the amount allowed by section 8 and your receipts. Your labor may not count. One of the things that made me quit section 8 was that they made me sign THEIR contract, but would not sign mine... Also so many of the section 8 people were without jobs, and the wear and tear on the unit was really excessive, with the hanger ons over all the time. Did I mention that I will not rent to them again?? EDIT>>> You have to contact the local Section 8 office.. This is part of your contract... They do not have to abide by your lease as the GOv. one superceeds yours. The others that tell you what to keep are wrong, until you talk with Section 8.. You could be barred from dealing with them in the future, if you don't follow HUD rules.. For those that gave answers without tell him to contact section 8, You should know that this is a HUD contract and all normal rules go out the window.. They can and do what they want. |
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| I'm not a landlord... just have rented plenty of place's. I come up with 660.09 in past rent and damages. That you would be able to keep for sure. No argument there. The sticky part is did she break the lease or did the state. Did she give you notice of that fact 30 days in advance? Did she do you a favor by moving out without a fight or taking it to the limit and make you evict her though that court system? Just my opinion but maybe give her half of the reminder of what was left and call it a wash. Chance's are she wont seek damages on you in court as she will think she got a good deal. Just a thought! |
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| Thread | Thread Starter | Forum | Replies | Last Post |
| I need help regarding my security deposit, what can I do? | Butterfly Lover | Security | 1 | 04-07-2008 12:51 AM |
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| Michigan Homestead Property Tax Credit Direct Deposit? | fyrkrakyr | Taxes | 0 | 02-29-2008 11:02 PM |