Going to court without a property condition report

[Vicki K.]

Hello everyone. I was hoping I could find an answer to my question by reviewing prior posts, but so far no luck, so I figured I would just go ahead and ask.

I have a tenant who left a pig sty upon his departure. The property is absolutely filthy and there are some damages. I had a year old carpet in the house prior to them moving in which looked like new. Now after 3 years of occupancy (2 adults, 3 kids and 3 dogs), the carper was totally trashed. I am withholding money for that and they are claiming that's normal wear and tear because of the number of occupants and lease duration. My thinking is I should've been able to clean it, but it was unsalvegable.

I sent a refund check for the deposit minus all damages assessed on the propery. I have followed all security deposit rules in the state of Michigan and so far they have as well by sending me a dispute letter.

I want to take them to court as I think I have a pretty good case for holding on to the deposit.

My challenge is I never got a move in condition report completed by them and they are referencing that in their letter. I do have pictures of before and after though. Michigan law requires the report to be completed but does not describe what happens if you don't. My standard procedure is to provide a copy to the tenant upon move in. I am pretty sure I did that but have no way of proving and I think they simply never send it back.

So my questions are:

1. Could not having a completed Move In/Move Out Property Condition Report pose an issue for me in small claims court or as long as I have a good evidence of the damages (pictues) I will be okay?

2. What are your thoughts on the carpet situation. Normal wear and tear is a sticky subject. How do you make that call?

Thanks in advance for your help.

[Geof Greeneisen]

Hi @Vicki K., In Michigan, so long as you leave an inventory check list and it states it must be Returned to Landlord within 7 days of occupancy, if not returned the unit is considered in good condition without issues.

That being said, carpet usually doesn't last longer than 3-4 years for our rentals and we will replace. I think carpet has a maximum life expectancy of 5 years. You are certainly able to justify an expectation of getting 5 years if you only to got 3 out of it. Whether a judge will buy your argument is a different story.

Did you know they had 3 dogs upon move-in? Or was this found out after the fact? That will be brought up in front of the court. Obviously 3 dogs will put more wear an tear on carpet than a tenant without pets. If you moved them in knowing they had pets (which would be disclosed on their rental application) and you accepted them anyhow, then I suspect you won't get credit for the 2 year difference in life expectancy of the carpet.

We have tenants sign a separate form acknowledging they have received: a signed lease, 2 keys, lead based paint disclosure, Copy of "Protect your family from lead in your house" brochure, and 2 inventory checklists (to be returned within 7 days but usually filled out upon move-in).

I would send a refusal letter and require them to take you to court, especially if you are able to demonstrate you were light on your: cleaning charges, repainting expenses, door and cabinet repair, duct cleaning due to pet hair, etc.

Don't be too upset if you lose your carpet argument. Best of luck!