My question involves landlord-tenant law in the State of: Michigan.
It's a bit of a long story, but I wanted to provide as much information as I could.
I lived in an apartment with 4 total people for two years. One is a "designated tenant" who writes all the security deposit and rent checks and all the housemates pay her their portion. I recently moved out at the end of my lease (August 19th), but before I did, I had been asked by two of the housemates to sign a lease renewal addendum that would allow them to renew the apartment with two new tenants to replace the two of us who were leaving. I had been told when I signed this document that I'd be released from the old lease and had assumed that this meant that I'd get my security deposit back (as in, released from financial responsibility). After checking with the offices a few days before I moved out, I was told they wouldn't and weren't obligated to return ANY or ALL of the security deposit because the lease was technically renewed and that the whole deposit would be returned to the "designated tenant" at the end of the new lease who could then divide it as they please. I requested they do a damage walk-through so we could at least settle up fairly on our own terms. Long story short, this took a while and we were told many conflicting things from the office, but they did do a partial walk-through eventually. They couldn't do a full walk-through because there was furniture in the apartment, but said we could pay them to do a full walk-through.
Anyways, before the walk-through, the designated tenant told me that one of the incoming tenants would reimburse me for the deposit and that they'd actually prefer doing it without the landlord, which stopped me from pressuring the landlord to do a full walk-through and return the whole deposit. After the walk-through, they said there was no damage at the time. I told the two new tenants that we could pay for a full walk-through if they wanted that, but they both said it was unnecessary and that they were okay with the partial walk-through. They also rejected my suggestion of moving the furniture on our own and taking pictures/writing up paperwork about the current condition of the apartment, again saying they were fine to just pay us the deposits without going to more trouble.
One of the new tenants and the other tenant who was leaving exchanged deposits immediately and that was that. The person who's supposed to be paying me had to wait for their parents to transfer money to their account, but it's been a week since I was told I'd get the deposit, and it hasn't shown. I just messaged the new tenant and found out they changed plans without telling me. They now want to have their parents send a check to the designated resident and have her pay me. This would be fine, but they didn't keep me informed, their parents haven't even sent their check yet, and they also rudely reminded me that they weren't "legally" responsible for this security deposit and implied that they might just not pay it. I'd like to believe that they're good people and will pay it because it's morally right, but I have no guarantee, and it's already been 38 days since moving out. I requested that they text me when their parents mail the check, but they're terrible at communication and it's very difficult to get any response at all, let alone get them to message me first about important things. I'm hoping they'll send the check asap and that the designated tenant will pay me immediately, but I'd like to know what my options are if another week goes by and they show no signs of sending a check.
My two main thoughts are: if they (and the designated tenant) refuse to pay back my deposit and have rejected the proposal of having the landlord do a full walk-through can I either a. make the landlord to do a full walk-through and return the entire deposit to the designated tenant (since I was a co-tenant and am now no longer on the lease) or b. take either the designated tenant or the new tenant refusing to pay to a small claims court?
My evidence:
- Group message thread between all new and former tenants where I offer to get the landlord to do a full walk-through, do a full walk-through ourselves and sign an agreement about future damage charges, or just accept the partial walk-through and then exchange deposits (and both new tenants agreed to the final option)
- Messages from the designated tenant telling me that the new tenant would reimburse me for my deposit though this was well after the renewal addendum was signed
- Emails from the landlord saying I was officially "released" from the lease and that the new tenants were added
- Texts from the designated tenant acknowledging that I paid the initial deposit (and I'm sure I could find bank statements to match)
It's a bit of a long story, but I wanted to provide as much information as I could.
I lived in an apartment with 4 total people for two years. One is a "designated tenant" who writes all the security deposit and rent checks and all the housemates pay her their portion. I recently moved out at the end of my lease (August 19th), but before I did, I had been asked by two of the housemates to sign a lease renewal addendum that would allow them to renew the apartment with two new tenants to replace the two of us who were leaving. I had been told when I signed this document that I'd be released from the old lease and had assumed that this meant that I'd get my security deposit back (as in, released from financial responsibility). After checking with the offices a few days before I moved out, I was told they wouldn't and weren't obligated to return ANY or ALL of the security deposit because the lease was technically renewed and that the whole deposit would be returned to the "designated tenant" at the end of the new lease who could then divide it as they please. I requested they do a damage walk-through so we could at least settle up fairly on our own terms. Long story short, this took a while and we were told many conflicting things from the office, but they did do a partial walk-through eventually. They couldn't do a full walk-through because there was furniture in the apartment, but said we could pay them to do a full walk-through.
Anyways, before the walk-through, the designated tenant told me that one of the incoming tenants would reimburse me for the deposit and that they'd actually prefer doing it without the landlord, which stopped me from pressuring the landlord to do a full walk-through and return the whole deposit. After the walk-through, they said there was no damage at the time. I told the two new tenants that we could pay for a full walk-through if they wanted that, but they both said it was unnecessary and that they were okay with the partial walk-through. They also rejected my suggestion of moving the furniture on our own and taking pictures/writing up paperwork about the current condition of the apartment, again saying they were fine to just pay us the deposits without going to more trouble.
One of the new tenants and the other tenant who was leaving exchanged deposits immediately and that was that. The person who's supposed to be paying me had to wait for their parents to transfer money to their account, but it's been a week since I was told I'd get the deposit, and it hasn't shown. I just messaged the new tenant and found out they changed plans without telling me. They now want to have their parents send a check to the designated resident and have her pay me. This would be fine, but they didn't keep me informed, their parents haven't even sent their check yet, and they also rudely reminded me that they weren't "legally" responsible for this security deposit and implied that they might just not pay it. I'd like to believe that they're good people and will pay it because it's morally right, but I have no guarantee, and it's already been 38 days since moving out. I requested that they text me when their parents mail the check, but they're terrible at communication and it's very difficult to get any response at all, let alone get them to message me first about important things. I'm hoping they'll send the check asap and that the designated tenant will pay me immediately, but I'd like to know what my options are if another week goes by and they show no signs of sending a check.
My two main thoughts are: if they (and the designated tenant) refuse to pay back my deposit and have rejected the proposal of having the landlord do a full walk-through can I either a. make the landlord to do a full walk-through and return the entire deposit to the designated tenant (since I was a co-tenant and am now no longer on the lease) or b. take either the designated tenant or the new tenant refusing to pay to a small claims court?
My evidence:
- Group message thread between all new and former tenants where I offer to get the landlord to do a full walk-through, do a full walk-through ourselves and sign an agreement about future damage charges, or just accept the partial walk-through and then exchange deposits (and both new tenants agreed to the final option)
- Messages from the designated tenant telling me that the new tenant would reimburse me for my deposit though this was well after the renewal addendum was signed
- Emails from the landlord saying I was officially "released" from the lease and that the new tenants were added
- Texts from the designated tenant acknowledging that I paid the initial deposit (and I'm sure I could find bank statements to match)
Security Deposits: Roommates Renewed with New Tenants, I Moved Out, Issues with Getting Security Deposit
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