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Updated about 9 years ago, 09/24/2015

User Stats

360
Posts
354
Votes
Christian Hutchinson
  • Investor
  • Detroit, MI
354
Votes |
360
Posts

Tenant Lawsuit-Michigan

Christian Hutchinson
  • Investor
  • Detroit, MI
Posted

I'm having a tenant bring suit against me.  At dispute is $180 of a security deposit withheld because of unmowed lawn when they moved.

The security deposit was $1300, I withheld $400.  There was damage to the carpet which I charged $200.00.  I was attempting to be reasonable, though I had to replace the living room the whole area's flooring (15x25) I did that with laminate flooring at 1.29/sq ft. Also, the home was left unclean, and we had some holes in the wall from hanging. Also the carpet was unclean.  The unmowed lawn we do not have photos, however, I have a VM from a neighbor saying they moved out and the lawn was uncut.  This VM was 1-2 two days after they moved out.  He said he cut the grass which we paid him for about one week later.

Also, the tenants lease ran through August 31, I allowed them to move out one month early without penalty. They vacated August 3rd they said. I know we had the keys August 5th.

So this is where it gets interesting.  The neighbor said there was going to be a fine, thats why he cut it. I though he said the City had fined me. The City was out he saw them then he cut the grass and called us. So I reported a fine to the tenant I asked the City for docs "they said they would look".  So I told the tenant of the violation, turns out no violation. I cut the check for $900 on Sept 2.  On Sept 6(Labor Day) I get an email threatening lawsuit if they don't get their deposit back along with the $180.  So I don't respond because now we are playing the legal game.  Check is cashed  Sept 7 for $900.00

So how do I fix this situation, we had paid $200 for someone to clean the property, we fixed the wall damage, and we had to replace the floor.  We couldn't fix the damage to the carpet without replacing the whole house which is 900 sq ft(estimated $2/sq ft installed), which is why we decided put down laminate on just the affected room. Plus we paid the neighbor $80 for mowing the lawn.

Mind you this Helicopter Mom situation. The tenant isn't driving this situation, The Mom is.  There were issues during the leasing process, and I wanted to walk away, and she threatened lawsuit.

My Goal is to always stay out of court, but at this point I need to make a decision am I ready to go to blows with someone over $180.

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