Should I file in Small Claims or Not?

[Shaun C.]

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.

[Account Closed]

In Michigan, you must sue the tenant in small claims (as you know within 45 days of the move out) if the tenant responds in writing within 7 days from the mailing of the notice that they disagree with the handling of "their" security deposit.  I suspect that a judge would count a "text" message as written notice.  (Judges typically side with the tenant unless you're in a very pro landlord court--which there are few.  If it is Grand Rapids, the tenant will most likely prevail--if they sue you after the fact.)  I'd sue to be safe.  Just make sure you have proper evidence to back up all your claims.  Better to sue than be sued.  Not nice on your credit if they sue and win.  (I'm not an attorney--if you feel you need legal advice, I'd consult one.)

Clay Powell, Director

Rental Property Owners Association