Mich. Comp. Laws § § 554.613
Action for damages; retention of security deposit; waiver.
Operative Text
Sec. 13. (1) Within 45 days after termination of the occupancy and not thereafter the landlord may commence an action in a court of competent jurisdiction for a money judgment for damages which he has claimed or in lieu thereof return the balance of the security deposit held by him to the tenant or any amount mutually agreed upon in writing by the parties. A landlord shall not be entitled to retain any portion of a security deposit for damages claimed unless he has first obtained a money judgment for the disputed amount or filed with the court satisfactory proof of an inability to obtain service on the tenant or unless: (a) The tenant has failed to provide a forwarding address as required by section 11. (b) The tenant has failed to respond to the notice of damages as required by section 12. (c) The parties have agreed in writing to the disposition of the balance of the deposit claimed by the landlord. (d) The amount claimed is entirely based upon accrued and unpaid rent equal to the actual rent for any full rental period or portion thereof during which the tenant has had actual or constructive possession of the premises. (2) This section does not prejudice a landlord's right to retain any security deposit funds as satisfaction or partial satisfaction of a money judgment obtained pursuant to summary proceedings filed pursuant to chapter 57 of Act No. 236 of the Public Acts of 1961, as amended, being sections 600.5701 to 600.5759 of the Compiled Laws of 1948 or other proceedings at law. Failure of the landlord to comply fully with this section constitutes waiver of all claimed damages and makes him liable to the tenant for double the amount of the security deposit retained.
Michigan MCL § 554.613 sets a strict 45-day window after a tenancy ends during which a landlord may either sue for damages in court or return the remaining security deposit (or a mutually agreed-upon amount). A landlord generally cannot keep any portion of a deposit for claimed damages without first obtaining a court judgment, unless specific exceptions apply—such as the tenant failing to provide a forwarding address, failing to respond to a damage notice, or the parties reaching a written agreement. If a landlord does not fully comply with this section, the law treats that failure as a waiver of all claimed damages and makes the landlord liable to the tenant for double the amount of the deposit that was wrongfully retained.
Plain English — not legal advice.
Under MCL § 554.613, compliant operators act promptly after a tenancy ends: they either file a court action for damages or return the deposit balance within the 45-day deadline, and they document every step carefully. Retaining any disputed portion of a deposit without a court judgment—or without a recognized exception such as a written agreement with the tenant or the tenant's failure to respond to the damage notice—puts the landlord at risk of losing all claimed damages and owing the tenant twice the withheld amount. Operators generally maintain clear records of forwarding-address requests, damage notices, and any written agreements to demonstrate compliance with each requirement of this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
MCL § 554.613 gives tenants a meaningful protection: if a landlord fails to follow the 45-day rule or otherwise does not fully comply with this section, the landlord forfeits the right to claim any damages and may owe the tenant double the amount of the security deposit that was improperly kept. Tenants who believe a landlord has not complied with this provision may consider raising the violation as a defense or counterclaim in court, filing a complaint with a local housing authority, or reaching out to a tenant-rights organization for general information about their options. Providing a proper forwarding address and responding to any damage notice within the timeframes set by the surrounding sections of MCL § 554.601 et seq. are generally important steps in preserving these protections.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation