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legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13441
Experience:  Attorney-Business degree from The University of Texas
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Heres the story We moved out of a rental unit 72 days

Resolved Question:

Here's the story:

We moved out of a rental unit 72 days ago.

We received a notice from our former landlord telling us we owed him $2800 for carpet replacement costs and repainting.

We lived in the unit for almost 7 years, so of course we said we disagreed that the changes to the carpet and walls were the result of "damage as opposed to wear and tear". We replied to his notice within 7 days.

He sent us another letter dated 53 days after we moved out saying the changes could not even remotely be considered "wear and tear". We feel he is insane in expecting us to pay for his tenant turnover costs and we would rather go to court than pay him. Under Michigan law, this timeline must be followed: he sends us a notice or returns our SD within 30 days, we reply within 7 days of receiving the notice, he must start court action within 45 days of our move out. MY QUESTION IS: If he did not file a suit within the 45 days, what happens to the amount that he claims we owe him? Is it still considered our debt or does it just completely disappear because he did not follow the timeline? Here is a summary of the Security Deposit Law of Michigan:
Submitted: 6 years ago.
Category: Legal
Expert:  legaleagle replied 6 years ago.
He can not collect the amount he claims you owe since he did not file suit in a timely manner. If he has not returned your deposit, you can sue him for failing to do so since he did not pursue his allegation of amounts you owed to him.
Customer: replied 6 years ago.
So, if he did not file the suit, legally we do not have a debt? His letter contains threats of reporting to the credit bureau... can he do this if a judge has not ruled that we owe him money?
Expert:  legaleagle replied 6 years ago.

Correct, legally you have no debt and you have the right to sue him.

He can report to the credit bureau but you can dispute that with your evidence of his failure to follow the law and they will remove it from your report.

Customer: replied 6 years ago.
Last Qs: (1) What "evidence" would this be? Do I need to get a document from somewhere? (2) What actions can I take against him should he report it to the CB knowing that he had not been awarded a judgment?
Expert:  legaleagle replied 6 years ago.

1. The letter from him with the damages and copy of the letter you sent to dispute the damages, and if the clerk of the court will sign a document stating that there is no case pending against you.

2. You can sue him for damages if you incur any cost for having to dispute the CB report.

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