All Forum Posts by: Maggie Bonetti

@Paul Leason I received a hand-written letter yesterday from Tenant 2, declaring his right to contest. 

@Matt P. I kind of felt like I hit the jackpot when I read that. I have definitely added it to our other leases since then. 

@Paul Leason Tenant 2 did contest. I thought that small claims did not allow lawyers?

@Paul Leason The security deposit was $800. I deducted for (this is copied directly from the security deposit return):

1. $18.75 45 minutes of yard waste clean up, including excessive dog waste, overturned plants, piles of dirt from tenants plants
2. $150 Six (6) hours of clean up within the unit for excessive filth and grime, excessive holes in walls requiring patching and painting
3. $400 Eight (8) bags of trash left on the premises, this does not include the excessive trash picked up during and created in the cleaning process
4. $89.07 Electric utilities from Sept. 11, 2018, through Oct. 31, 2018

   5. $23.82 Gas utilities from Sept. 20, 2018 through Oct. 31, 2018

This left $118.36 left in the security deposit, to return to Tenant 1. She is also the only tenant that gave me a forwarding address, because both of them agreed that she was the only one to receive the deposit (although, regrettably I do not have this in writing).

Their lease included a few amendments, added in by the previous landlord including two charges: 1. $25 per hour of cleaning required after they leave, 2. $50 per bag of trash left behind. I have time sheets and  photos to support these charges. Tenant 2 was a hoarder, and kept lots of trash and belongings in his room that he left behind. 

I did a walk through with both of them, "to point out possible deductions from the security deposit," where both of them were present and seemed to be cleaning. This was at 3 p.m. on Oct. 31, they were set to move out by midnight that day. Although I was disappointed that the house wasn't completely empty at this point (I did not say this to them), I told them that it looked like they were doing a good job. I pointed out things like the pet and yard waste, because frankly it was very difficult to judge the scope of work they had yet to do because there was A LOT to be done. When I saw the house at midnight, I was shocked because it looked like they had not continued to clean at all since I saw the house at 3 p.m. Tenant 2 kept texting me, asking me for 15 or 20 more minutes. Finally, my husband and I went to the unit (we live on the second floor) and asked him to leave. 

After checking the lease with a MUCH more critical eye, (there were no printed or typed names on the lease, only signatures), I realized that these two tenants were not on the lease at all. The signatures were for previous tenants that had lived on the second floor. The house is a duplex with a finished attic, but it is only zoned for 2 rentals/leases, so the previous landlord divided the 1st and 2nd floor units as one lease, and the third floor as a second lease. 

@Jim Cummings Thank you for your response! I agree with you, I just want to be sure that I am responding appropriately - and legally! I have not yet received anything from Tenant 1, and I feel like it should be her responsibility to contest considering that it is her security deposit. 

@Paul Leason Yes, I sent a letter that detailed the security deposit return, as well as all of the deductions made, within 2 weeks of their move-out (likely 10 days). I have pictures to prove the claims made and support the deductions.

The thing I am most wondering is this: both tenants agreed that the security deposit was to be paid to Tenant 1. Tenant 1 moved out earlier in the day and left Tenant 2 to finish cleaning and packing his things. The largest deductions from the deposit were due to Tenant 2 leaving behind trash and personal belongings. So I haven't heard anything from Tenant 1 regarding the deposit, but Tenant 2 is the one that has sent a letter of contest (within 7 days, by the skin of his teeth). I am wondering if I have to do anything (file a claim in small claims) since Tenant 2 was not the one to receive the deposit. 

@Jim D. Unfortunately I do not have that information, but the tenants lived in the unit for 5 years. Fortunately, they aren't contesting any damages, but instead bags of trash that were left behind. The previous landlord had an amendment in their lease that stated a $50 charge per bag of trash left behind. Also written into their lease was a cleaning fee of $25 per hour. Those items, along with some unpaid utilities, is where the majority of the deposit went to. 

@Jim Adrian It doesn't look like the lease says anything about where the deposits should be returned.

My husband and I purchased a duplex in Grand Rapids, MI in July and took over August 1. We recently had the last of the tenants move out, and after sending them a security deposit return, they have decided to contest it. 

An interesting piece, that may/may not be relevant is that the tenant that is contesting the claim was not the one that was sent the security deposit return. Both tenants stated that the female roommate was the only one that had paid into the deposit, and that she is the one that should receive the return. I am wondering if the male roommate has any place to contest the return when he wasn't the one receiving it.

Has anyone gone through this, and what should my next steps be. I have time sheets and photographic evidence to prove my claims and charges, so I am not worried about supporting myself... I just need to know what to do next.