DisputeKit / Michigan
How long does a Michigan landlord have to return a security deposit?
30 days. Under Michigan Compiled Laws § 554.609, a landlord must mail an itemized list of damages, with the estimated repair cost of each item, together with a check or money order for the rest of the security deposit within 30 days. The clock starts when you move out and hand back possession of the unit. You must give your landlord a forwarding address in writing within 4 days after moving out; otherwise the landlord does not have to send the itemized list. If they miss that deadline, they lose the right to keep any part of the deposit. A court may also award double the amount of the security deposit retained, if the landlord keeps any part of it without fully following the law (for disputed damages, a court judgment or the tenant's written agreement is required).
I moved out of my place in on and my landlord still has my $ deposit.
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Conditions that change the deadline
- The tenant must give the landlord a forwarding address in writing within 4 days after moving out; if the tenant does not, the landlord is excused from sending the itemized list, but the tenant can still claim the deposit.
What Michigan law says about deductions and your rights
- The itemized list must include the statement, in 12-point bold type at least 4 points larger than the body: "You must respond to this notice by mail within 7 days after receipt of same, otherwise you will forfeit the amount claimed for damages."
- A tenant who receives an itemized list should respond by mail within 7 days stating agreement or disagreement with each charge; the mailing date counts as the response date.
- If the tenant disputes the charges, the landlord must sue within 45 days after the tenancy ends or return the balance; without a court judgment, the tenant's written agreement, or a tenant failure (no forwarding address or no response), the landlord may keep only unpaid rent.
- The landlord may not charge for damage already noted on a previous tenant's termination inventory checklist.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Michigan is $7,000 in the small claims division of the district court, and the filing fee is $25 to $65 depending on the amount claimed, plus mailing costs (some courts add a small technology fee).
Steps
- Find your move-out date and deposit amount
- Give your landlord your forwarding address in writing (your demand letter can do this)
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit. You must give your landlord a forwarding address in writing within 4 days after moving out; otherwise the landlord does not have to send the itemized list
- Count 30 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Michigan?
The clock starts when you move out and hand back possession of the unit. You must give your landlord a forwarding address in writing within 4 days after moving out; otherwise the landlord does not have to send the itemized list.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. Michigan law allows a court to award double the amount of the security deposit retained, if the landlord keeps any part of it without fully following the law (for disputed damages, a court judgment or the tenant's written agreement is required). A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in Michigan is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.