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I was residing in davison michigan, genesee county. my

Hello. my name is...

Hello. my name is ***** ***** was residing in davison michigan, genesee county. my landlord sold the bldg i was renting. i signed a rental agreement and gave a $500 security deposit and a $250 cleaning fee. contract states if i take care of the 6-7 items in the contract upon vacating, my $250 will be given back to me. if i give a 30 day notice, my $500 security deposit will be given back to me. i gave over 30 day notice. i cleaned all the items i was asked in my agreement. i am a smoker and i smoked in my apartment. i asked my landlord the day i moved in if it was ok and they said as long as it didn't bother anyone and they did not get a complaint. there is nothing in my contract that states i cannot smoke in my apartment. the landlords that i signed my contract with used my apartment to show when they were trying to sell the building. my new landlord is saying it smells like smoke and i am not entitled to the $250 nor my security deposit. he will not send me my $750 nor will he respond to my voicemail messages or text messages. not sure what to do. please advise. thank you

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Davison, Michigan

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have left him 4 messages. no response. i spoke to my previous landlords today. they are upset but feel there is nothing they can do.

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Answered in 4 minutes by:
3/12/2018
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,520
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Have you actually vacated the apartment?

,

If so, how long ago?

.

Has the new landlord sent you any itemized list of damages/deductions from your deposit?

.

Had the apartment been occupied by a tenant who smoked before you moved in?

.

.

thanks

Barrister

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Customer reply replied 4 months ago
I moved out on Mar 3rd
I have not received any notifications from the new landlord. there were not burns or damage from smoking left behind.
I cannot say that the previous tenant was a smoker or not - i doubt it. she was quite elderly.
Customer reply replied 4 months ago
are you still there?

Working on it..

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Customer reply replied 4 months ago
ok

Ok, the problem with a situation like this is that while smoking may have been allowed, the tenant is responsible for the cost of any damage/cleaning that is necessary to remove any smoke odors that linger after they are gone. Smoke embeds in paint, carpet and even unsealed wood so it can leave a noticeable smell depending on how long the unit has been smoked in and how heavy a smoker was. I have seem apartments where you could scrape the yellow nicotine stains off the ceiling and walls due to years of smoking.

.

So the landlord can hold the tenant liable for those remediation costs, which usually mean wiping down and cleaning all walls with a cleaning solution like TSP and then repainting. Carpets have to be disposed of or ozone cleaned to remove the odors and basically every surface in the dwelling has to be cleaned to remove smoke residue.

.

With all that said, paint and things like carpet have a 5 year depreciable lifespan that most courts use so if you had lived there 5 years, then they couldn't charge you anything for painting or replacing carpet. If you had lived there 3 years, they could only charge you 40% of the cost of redoing things.

.

However, under Michigan law, the landlord has 30 days to send you an itemized list of deductions. If they don't, they lose the right to deduct anything.

.

Then you have 7 days to object to it in writing and send a written objection to the landlord (certified mail). Then the landlord has to file suit in small claims within 45 days of you moving out or they lose the right to claim any damages and have to pay you twice the deposit.

.

.

thanks

Barrister

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Customer reply replied 4 months ago
this apartment had severe wear and tear on the carpet and i was told by my previous landlord that they had intentions of replacing the carpet. they never did and i only lived there for appox 18 months.

Ok, if it was over 5 years old, which may be likely, then they can't charge you anything for replacing it..

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,520
Experience: Attorney over 17 years, landlord 26 years
Verified
barristerinky and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 4 months ago
ok. You've been very helpful. Have a good day.
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