Security deposit money in eviction

5 Replies

Hello, I have a question specifically pertaining to MIchigan law. Who gets to keep the security deposit money under an eviction? Say, they have unpaid rent for 5 months, and by the time they were evicted it’s still unpaid, who gets to keep the security deposit money. In the tenant laws document, it says that the landlord can keep the security deposit money if: 1. Unpaid rent 2. Unpaid utilities 3. Damages that aren’t just wear and tear But does the same apply for under an eviction?

@Sergio Aguinaga you will need to check with an attorney in your state to get a definitive answer, but if you in the eviction case you will most likely be allowed to keep the security deposit. You are in a safer position keeping a security deposit to cover back rent than you are to cover damage in most cases, as tenants can more easily challenge damages. 

@John Warren is there a way to know without asking an attorney? It seems like something that should be covered in the tenant-landlord laws or something, but it’s not explicit so I just want to confirm without hiring an attorney for such a simple question haha

@Sergio Aguinaga talk to a local realtor and ask them. I have several attorneys I work with regularly here in the Chicago area who would give you a quick email answer for free. I am sure your local investor friendly agents will be able to find the same contact there. 

@Sergio Aguinaga if you are in eviction court you should be able to keep the security deposit. In most cases, this is covering lost rent. Obviously, consult your local attorney on this though.