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Paid 1st & last mo rent plus security dep. totaling more than 1.5x rent. Rights?

This is a discussion on Paid 1st & last mo rent plus security dep. totaling more than 1.5x rent. Rights? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I live in MI and it was just brought to my attention if a landlord charges last months rent it ...

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Old Feb 15th, 2011, 09:14 PM   #1
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Default Paid 1st & last mo rent plus security dep. totaling more than 1.5x rent. Rights?

I live in MI and it was just brought to my attention if a landlord charges last months rent it is considered the security deposit. Since the security deposit cannot be more than 1.5 times the amount of rent and I paid more than this with last months rent plus a security deposit, what are my rights? What can happen to/can I do to my landlord?
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Old Feb 16th, 2011, 01:01 AM   #2
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Default TOTAL DEPOSIT

Hi MI

Well the 1st suggestion is to find the actual MI statute in LL/Tenant law in MI.. and read it carefully

Many states have a cap... however there are two things to consider

When did the statute take effect.. and did you start prior to that statute...

2nd... the two states I practice in have this but only for a lease.. not a month to month...

Talk to your LL maybe he does not know...you both might learn something new... in reading it.
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Old Feb 16th, 2011, 01:34 PM   #3
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Default Re: Paid 1st & last mo rent plus security dep. totaling more than 1.5x rent. Rights?

LOL I guess I will be more clear. I signed a 1 yr lease that is up on April 1st. The law on not being able to charge more than 1.5x more than the rent for a security deposit and anything beyond first months rent is considered the security deposit has been in effect for many, many years.

I have read the whole chapter on lanlord/tenant law for MI and could not find anything regarding what rights I have.

Could this possibly void the whole lease?
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Old Feb 17th, 2011, 03:07 AM   #4
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Default Re: Paid 1st & last mo rent plus security dep. totaling more than 1.5x rent. Rights?

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Originally Posted by Unregistered View Post
LOL I guess I will be more clear. I signed a 1 yr lease that is up on April 1st. The law on not being able to charge more than 1.5x more than the rent for a security deposit and anything beyond first months rent is considered the security deposit has been in effect for many, many years.

I have read the whole chapter on lanlord/tenant law for MI and could not find anything regarding what rights I have.

Could this possibly void the whole lease?
Simple answer? No.

Per the Michigan Legal Aid website A Guide To Security Deposits - Michigan Legal Aid, here is how the security deposit law applies to you:

Quote:
Remember, a security deposit is any money over and above your first month’s rent. It does not matter what the landlord calls the money, it still is a security deposit. If you pay your first and last month’s rent when you move in, the last month’s rent is really a security deposit. The only recognized exception to this rule in Michigan is a non-refundable fee, such as a cleaning fee paid at the beginning of a tenancy.
Quote:
In Michigan, a landlord cannot charge more than one and a half (1) times your monthly rent for a security deposit. So, for example, if you pay $500.00 a month in rent, the landlord cannot ask for more than $750.00 as a deposit. This is true no matter what she calls the deposit money. If your landlord wants the last month’s rent plus a security deposit, it cannot come to more than one and a half (1) times your monthly rent.
This collection of more than the security deposit amount does not automatically void the lease. It just means that they have collected as security more than the amount that is legally allowed. Your recourse here would be to demand the overpaid amount back. The LL is legally obligated to repay any amount over the legally allowed amount collected from you. If the LL refuses to provide it, you might even have to sue to recover it.
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