Can my landlord legally withhold our security deposit?

Question

Me and two guys lived in the same apartment last year until this August. (We're in college.) I have already fulfilled by legal obligations on the lease, the landlord has said that already. But the landlord said he hasn't received the parking pass (he says it's worth $600) from one of my other roommates. Just one, the other has legally fulfilled his obligations too. Now the landlord is saying he won't release our deposit (individually worth $750) until the parking passes are returned. Can the landlord do that? Withhold security deposit for all of us just because of one roommate?

FYI, all three of us signed one lease, three different signatures on one paper. Only ONE parking spot, one pass, and since the two of us didn't have a car, the third roommate (the one who lost the pass, according the landlord) had it. $600 seems very arbitrary to me....

Can he withhold ALL our security deposit? ($750x3), or just the $600?

We're in Ann Arbor, Michigan, (University of Michigan), and the City code (just cheked on the website) says that money can only be deducted from security deposit (after we move out) ONLY for damages to the building, unpaid rent, unpaid utilitaty bills. Our landlord said all these three are fine. So isn't what he's doing (withholding security deposit) illegal???

Answer 1

You need to contact an attorney. And see what your rights are. But this landlord is out of his mind, he mostly only paid $10 for a pass. I would take him to court. First talk to a lawyer just to get your rights explained. And make sure you take pictures of the apartment before you move incase he tries to say you damaged stuff. Etc, Good luck

Answer 2

I don't know I haven't read the lease. I would sure find that other roomate's parking pass if there is anyway possible, and bring it back. If you can't find him to get it back, take your landlord to civil court. That is the only thing I can think of. Sounds like the landlord may be trying to take advantage of you. If I was the judge I would side with you over the parking pass. I wouldn't trust that landlord. The person above is right about taking pictures of your apartment to show the judge there is no damage. Three people and one car space! Thats a little much for one car space. Whoever is wrong will have to pay court cost. The landlord is looking for an excuse to not give you back your deposit. Does the lease say anything about the parking pass having to be returned? If the landlord is found guilty he will have to pay the court cost. Did the guy with the car have to sign for the parking pass? If you never had the parking pass in your possession then this may not be your fault. Talk to an attorney and show him your lease. Do not give up on your deposit. This is what the landlord will want you to do. I would rather pay a small court cost then to lose a large deposit. Find out what the court cost are if you lose. Ask someone at the sherrif's department. There should be a fine for a lost pass. What would the fine be? Call home office and ask for the regional manager of the apartment community. Talk to him about this.

Answer 3

You can try to sue for the money back, but I would just kick the *** of the guy who didn't return the parking pass, as you are not guaranteed to win the case

If YOU and the 2nd guy pay the $600 for the pass together you can then get all the money back from the landlord, and pocket the difference of $75 each ($750-600= 150 divided by 2 = $75)

This third guy is not a friend if he isn't willing to accept responsibilty for losing the pass.

Court is a waste of time and effort. Just get what you can get back now. Trust me, this will save a lot of aggrivation later.

Answer 4

In our city...the Landlord has 30 days to return a security deposit.
If security deposit is not being returned they have to submit receipts for damages for repairs to said apartment....within 30 days.

If he is claiming the parking permit is $600.00, then he has to show you proof that he had to pay that much for the replacement and return the balance of the security deposit along with receipts for any deductions made to the return of the sec. dep. within 30 days.

Check your lease and the city code and see if it indicates the time limit that your sec. dep. should be returned to you.

See if Ann Arbor has a 'landlord-tenant' department - and contact them making an official complaint.

Send the landlord a certified - return receipt letter requesting the security deposit less the fee for a new parking permit be returned to you or you will take him to court and/or file a police report for 'theft'. Give him a deadline date by which to return the $$$.
Be professional with your request [no threats of bodily harm] and be direct.

No response....file a police report and file 'pro se' with your local court [usually costs around $50.00]. Keep track of phone calls, gas $ spent for trips to try and recover sec. deposit, postage fees and court fees and include all expenses when you file your claim in your court documentation for reimbursement and damages.

Unfortunately, with all three signing the same lease...you are all responsible for your buddy losing the permit. Learning experience....have a roommate? have a separate lease.

Good luck.

ps - don't kick your friend's butt as others suggested ...or
you will end up in jail.

Answer 5

if you all signed a lease, then yes he can. you are all responsible for each other when you sign the lease. Though he may be looking to get some extra cash, legally he is allowed to do it. this is why it is so important to know the people you sign leases with. You can try sueing the person responsible, as it is their fault you were screwed out of 750.

Answer 6

He can withhold $600 of it. All three signed the lease so you are all equally responsible for the others actions.

Answer 7

Yes he can.
You must sue your roomate to recover the deposit.

Answer 8

TAKE it to small claims court. I DID and won.

Answer 9

follow the money...bottome line....if the landlord is liable for a loss, you pay, if not....no