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Attorney 1
Attorney 1, Attorney
Category: Real Estate Law
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Experience:  Knowledgable and Experienced Attorney
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Can I make and what is the best way to make a claim against

Customer Question

Can I make and what is the best way to make a claim against a tenant for rent charges, city water bill, trash movement, property charges and an old car storage charges. The tenant moved furniture out on December 23rd. I waited until Jan 27th to send what is owed to me. I'm also asking when was her move complete, on Jan 27 or was it March 1st when the car was moved out of the attached garage.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attorney 1 replied 1 year ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

Sorry to hear you are having trouble getting paid by this former tenant, but glad to say that you do have legal recourse. first, it is unclear as to whether the former tenant paid a security deposit you were holding, and it should be mentione that a landlord has 30 days from the date the tenant vacates to return whatever portion of the security deposit the tenant is entitled to, with the statement of deductions. Failure to do so gives the tenant additional grounds to contest the situation, if they choose to do so. However, since your post did not mention A security deposit issue, I will assume there is none and proceed accordingly. Of course, feel free to let me know otherwise.

The tenant officially moved out on the date the keys were returned to you. If the tenant did not return the keys, the move out date would be the date the tenant told you he/she was out of the unit. Parking the car in the parking space does not extend the tenancy if the unit was vacant. assuming the tenant has not made financial arrangements with you to pay what is due, your next step would be to file a lawsuit against the tenant for the amount owed. This can be done in small claims court, without an attorney and for minimal cost. In Michigan, the filing fee for a small claims lawsuit is $25 for claims up to $600, $45 for claims over $600 up to $1,750, and $65 for claims over $1,750 up to $5,500. Small claims court actions move very quickly and are much more simple process than a regular court action. It's designed to provide effective and prompt a relief, and easy access to the justice system for people without attorneys.

You can copy and paste the following URL into your browser. It will take you to the Michigan self-help section of the court, where you will find all of the information and forms necessary to bring an action against a former tenant and get paid what is owed:

I hope this helps. If you need additional information or clarification, just let me know and I'll be happy to continue providing assistance. If I have addressed your issue and/or pointed you in a good direction, please let me know that as well, and please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the information we provide.

Good luck!


Attorney 1