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Updated almost 9 years ago, 12/15/2015
Should I file in Small Claims or Not?
Nov 1 I had my first tenants leave. I had many problems with them, being loud late at night, trash on the property, and basically had to send a 30 day notice to get them to leave.
They actually left the property in pretty good condition aside from some damage to trim around a doorway while moving their couch in, and a ding in the brand new stainless steel fridge.
Their security deposit was $875, of which I deducted the following:
$30 for one day of rent
$60 for fixing the wood trim
$100 for the ding to the fridge
$258 for a plumbing charge from them using flush able wipes that led to me having the main line snaked out. The plumber wrote on the invoice that these were the cause, and I have the tenants agreeing to using them in a text.
I returned $427 to them via certified mail. I received no written correspondence with them aside from a text message asking what was up with the ding in the fridge door, and the plumbing charge. I didn't engage a conversation with them because I didn't want to get into a texting battle, which was 100% inevitable.
Am I on the hook to initiate the small claims suit? In my eyes, I never received anything in the mail, which in Michigan you have to reply to the return of your security deposit within 7 days. Two weeks after I returned the security deposit, they still have not cashed the check.
So should I file or not? I have until Wednesday (45 days post move out) to do so.