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  #1  
Old 04-18-2012, 01:07 PM
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Default Calling all lawyers.

Here is the situation.
3 months ago I gave a landlord a $585 security deposit for leasing a townhouse at school in michigan. 2 months ago I had some personal issues arise and will not be able to attend school in Michigan and have to go to school back home in Wisconsin. My name was taken off of the lease and he found someone else to rent the townhouse and they paid the security deposit.

This man claims that he can keep my $585 free and clear if he so chooses and it is up to him if he wants to give my security deposit back. We have talked back and forth for the past 2 months and he just says well I don't know what I want to do quite yet. Being a security deposit and not rent, I feel like legally he can't keep the money.

My dad has a buddy in the real estate field and he said its a load of bull what he is doing.

So I just want to know legally what I can do, if I have to get an attorney involved I will, I am just trying to avoid having to pay one.

Please Help Me!
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Old 04-18-2012, 01:11 PM
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Security can be forfieted if the lease is broken before full term. If you signed the lease im pretty sure its gone. In fact if you signed a lease and backed out i believe most leases say you will owe the sum of the full term lease. Since idk what you did or did not sign youll have to go over that. But if you didnt sign a lease then no he cannot keep your deposit
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Old 04-18-2012, 01:15 PM
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The lease was signed but my name has literally been covered in white out and the other persons name has been put over it. I'm keeping my fingers crossed I got some legal stuff to read up on.
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Old 04-18-2012, 01:15 PM
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Quote:
Originally Posted by thawaxshop View Post
Security can be forfieted if the lease is broken before full term. If you signed the lease im pretty sure its gone. In fact if you signed a lease and backed out i believe most leases say you will owe the sum of the full term lease. Since idk what you did or did not sign youll have to go over that. But if you didnt sign a lease then no he cannot keep your deposit
this guys right.

If you didn't sign a lease and just a security payment to hold rental he would have to repay you. If you signed a lease, then read it lol.
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Old 04-18-2012, 01:17 PM
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Well if he was that stupid to erase your name then there is no proof of the lease. Unless he has a copy of your signed lease he cant keep it. But if he produces it and you psh the matter you might be liable for the whole years rent for breaking lease (dependent on what the lease says)
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Old 04-18-2012, 01:21 PM
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A security deposit may be used only for the following purposes:

(a) Reimburse the landlord for actual damages to the rental unit or any ancillary facility that are the direct result of conduct not reasonably expected in the normal course of habitation of a dwelling.

(b) Pay the landlord for all rent in arrearage under the rental agreement, rent due for premature termination of the rental agreement by the tenant and for utility bills not paid by the tenant.

This is what the michigan state law states.

shit I need to get a copy of the lease.
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Old 04-18-2012, 01:24 PM
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If you have a signed lease and he feels the need, your money is his sorry. Always read what you sign lol
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Old 04-18-2012, 01:29 PM
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Wish there were still good people in this world with solid morals.
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Old 04-18-2012, 01:35 PM
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Lawyers have a free consultation.This can be done over the phone...

So,call a Michigan lawyer (or 2) and tell them your story.They will give you the advice that you need.Get a copy of that contract from somebody.How did you pay this deposit? Check,Money Order,Cash?
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Old 04-18-2012, 01:38 PM
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paid with a check. It says security deposit on the memo line of the check.
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