Michigan Security Deposit Demand Letter
In Michigan a landlord must mail an itemized list of damages within 30 days after you move out. A landlord who does not comply can owe double the deposit retained. Attorney review available.
Introduction
A security deposit demand letter is a written demand a Michigan tenant sends a former landlord to recover a security deposit that has not been returned, before filing in small claims court. In Michigan the landlord must mail the tenant an itemized list of any damages within 30 days after the termination of occupancy (MCL 554.609), and a landlord who fails to give that notice of damages within the 30 days is treated as agreeing that no damages are due and must immediately remit the full deposit (MCL 554.610). To trigger these duties the tenant must furnish a forwarding mailing address within 4 days after vacating (MCL 554.611). A deposit may be used only for actual damages beyond the normal course of habitation, unpaid or early-termination rent, and unpaid utilities (MCL 554.607), and it may not exceed one and one-half months rent (MCL 554.602). A landlord who fails to comply fully waives all claimed damages and is liable to the tenant for double the amount of the deposit retained (MCL 554.613). If the demand is ignored, a Michigan tenant can sue in small claims court for up to $7,000 (MCL 600.8401), and the deadline to sue on a written lease is six years (MCL 600.5807). DocDraft builds your Michigan security deposit demand letter from your facts, with attorney review available before you send it.
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Key Things to Know
- 1
A security deposit demand letter is a written demand a Michigan tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to small claims court.
- 2
The landlord must mail the tenant an itemized list of any damages within 30 days after the termination of occupancy (MCL 554.609), and if no such notice is given within the 30 days the landlord agrees no damages are due and must immediately remit the full deposit (MCL 554.610).
- 3
A Michigan deposit may be applied only to actual damages that are the direct result of conduct not reasonably expected in the normal course of habitation, to unpaid rent or rent due for a premature termination, and to unpaid utility bills (MCL 554.607).
- 4
A security deposit may not exceed one and one-half months rent (MCL 554.602), and charges for ordinary wear that is reasonably expected in the normal course of habitation are not proper deductions (MCL 554.607).
- 5
The itemized list of damages must contain a notice, in boldface type, telling the tenant to respond by mail within 7 days after receipt or forfeit the amount claimed (MCL 554.609).
- 6
A landlord who fails to comply fully with the statute waives all claimed damages and is liable to the tenant for double the amount of the security deposit retained (MCL 554.613); this turns on failure to comply, not on a finding of bad faith.
- 7
If the demand is ignored, a Michigan tenant can sue in small claims court for up to $7,000 (MCL 600.8401); the deadline to sue on a written lease is six years (MCL 600.5807).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Michigan, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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Michigan Requirements for Security Deposit Demand Letter
30-Day Itemized List Deadline
In Michigan the landlord must mail the tenant an itemized list of any damages within 30 days after the termination of occupancy (MCL 554.609). Your demand letter should state that this deadline has passed.
No Notice Within 30 Days Means the Full Deposit Is Due
A landlord who fails to give the notice of damages within the 30 days after termination of occupancy is treated as agreeing that no damages are due and must immediately remit the full security deposit (MCL 554.610).
Permitted Deductions and No Ordinary Wear
A Michigan deposit may be applied only to actual damages from conduct not reasonably expected in the normal course of habitation, to unpaid or early-termination rent, and to unpaid utility bills (MCL 554.607). Ordinary wear expected in the normal course of habitation is not deductible.
Deposit Cap of One and One-Half Months Rent
A Michigan security deposit may not exceed one and one-half months rent (MCL 554.602). A deposit collected above that cap can be challenged along with any improper withholding.
Seven-Day Response Notice in the Itemized List
The itemized list of damages must contain a boldface notice telling the tenant to respond by mail within 7 days after receipt or forfeit the amount claimed (MCL 554.609). A list that omits this notice does not comply with the statute.
Double the Deposit Retained for Noncompliance
A landlord who fails to comply fully with the statute waives all claimed damages and is liable to the tenant for double the amount of the security deposit retained (MCL 554.613). This turns on the failure to comply, not on proving bad faith.
Provide a Forwarding Address Within 4 Days
Furnish the landlord your forwarding mailing address within 4 days after vacating (MCL 554.611), and send the demand using a trackable method such as certified mail. Keep a copy of the letter and the delivery record for a later small claims filing.
Small Claims Limit and Deadline to Sue
If the demand is ignored, a Michigan tenant may sue in the small claims division of the district court for up to $7,000 (MCL 600.8401). The deadline to sue on a written lease is six years (MCL 600.5807), though filing promptly after the demand is the practical course.