Security Deposit - Landlord failed to provide itemized receipts within 30days

Hi,

It has been more than 30 days since I moved out of my apartment in Michigan (I moved out on 3/28/2008) and haven't got my security deposit ($1500) back from landlord. The landlord sent me a mail saying that there is a stain on carpet and she tried to remove stains but didn't work, so she will be replacing the carpet. And said "Document will be provided as requested". It was about 20 days after I moved out.

So she did notify me the damages but failed to include amounts to repair the damages and a check for the difference between the damanges claimed and the amount of security deposit. In this case, will I be able to win and get all my security deposit back if I go to small claims court in Michigan?

Another question is since I moved out of Michigan (well I moved to DC), is there anyway to file a claim remotely like online or would I allow to have a representative?

Thanks!

You would have to travel back to MI to represent yourself in any small claims suit against the LL. Small claims does not allow attorneys to represent you.

Are you saying the LL sent a letter stating what she was charging for , but didn't send any receipts? (Receipts are not required.) Or are you saying she didn't include the amounts of the charges for each repair? More info is needed. please.

She didn't include the amounts. Basically she stated that she needs to replace the carpet but didn't say how much it would cost to replate it.

Thanks for your reply.

[OHlandlord]

You need to send a demand letter for a itemized statement with repairs and total costs for each one, as well as a breakdown of what was deducted from your deposit. Request that the remainder of the deposit be sent to you and provide your forwarding address to do so. Send this letter to the LL by certified mail, return receipt requested, and keep a copy.

You are entitled to an itemized deduction statement with actual charges for repairs. If the carpet needs to be replaced, the LL must charge a depreciated amount for the carpet based on its age and the length of time s/he uses for depreciating this type of item on their IRS form (tax schedule E). Most LLs use 7 years for depreciation (midrange in the allowed period of between 5 and 10 yrs). Do you know how old the carpet was at move out and approximately how large of an area that room is?