keyboardslave
New Member
I am new to this board and posted this in another section - then found this one. I think it should be here instead.
How and where do I report a small claims court judge who has completely ignored the Michigan Landlord Tenant Law and allowed a Landlord to screw me out of my deposit without ever having to prove he had a right to any of it, etc?
Every communication I had with greedy landlord was in writing by certified mail and followed the State Law House Bill 9578. Upon my vacating premises, Landlord chose to keep $350 of my security deposit plus another $122.64 in prepaid rent. He never attempted to sue me for the money he "kept" without cause even though I disputed his claims in writing within 7 days by certified mail with return receipt. The forty-five day period for him to sue me passed, so I met with Legal Aid and showed them my documentation - they could not represent me because of the low amount claimed, but said it was an easy case and I should have no trouble at all. They also said I was entitled to double the amount retained from my deposit and could ask for court costs.
Oh, I was NOT evicted, gave proper notice of intent to vacate, left the premises in better repair and condition than when I moved in, etc, and also fulfilled the terms of my six month lease.
Yesterday, I presented my case to a District Court judge in my area. He completely disregarded the law and wanted me to prove that the Landlord owes me the deposit, etc. So I gave him all of my letters, the copy of MI law on subject, etc and stated that landlord just "kept" my deposit without proving he had any right to it at all, even though I disputed his claim.
The judge told us that because he usually sees Landlords suing Tenants and he favors the tenant, that he would do just the opposite this time since the Tenant was suing the Landlord he would favor the landlord. What?! Why would a tenant bother to sue a Landlord at all? The landlord, in this case, never had to prove he had a right to keep my money??? He just gets to keep money from his tenants at his leisure without cause or having to establish cause? Um, NO, that is NOT what the law says. But this judge apparently can make up his own rules and change the laws as he goes along.
I know I am out roughly $500 (which is a crime in my opinion and should be properly handled) but something has at least got to be done to stop craziness like this. How can I report this and to whom? Who oversees District Court judges decisions? I don't want to file a lawsuit - I really HATE having to go to court for anything at all - but I do think this judge should at least be re-evaluated and reprimanded at the very least.
Thank you, sorry this is so long.
ETA: isn't there any way I can get my money back? To a divorced mom, and anyone living in Michigan, $350 plus $122.64 in prepaid rent, plus the $65 filing fees I paid represents a huge chunk. Can I place a claim against landlord with the credit bureau?
How and where do I report a small claims court judge who has completely ignored the Michigan Landlord Tenant Law and allowed a Landlord to screw me out of my deposit without ever having to prove he had a right to any of it, etc?
Every communication I had with greedy landlord was in writing by certified mail and followed the State Law House Bill 9578. Upon my vacating premises, Landlord chose to keep $350 of my security deposit plus another $122.64 in prepaid rent. He never attempted to sue me for the money he "kept" without cause even though I disputed his claims in writing within 7 days by certified mail with return receipt. The forty-five day period for him to sue me passed, so I met with Legal Aid and showed them my documentation - they could not represent me because of the low amount claimed, but said it was an easy case and I should have no trouble at all. They also said I was entitled to double the amount retained from my deposit and could ask for court costs.
Oh, I was NOT evicted, gave proper notice of intent to vacate, left the premises in better repair and condition than when I moved in, etc, and also fulfilled the terms of my six month lease.
Yesterday, I presented my case to a District Court judge in my area. He completely disregarded the law and wanted me to prove that the Landlord owes me the deposit, etc. So I gave him all of my letters, the copy of MI law on subject, etc and stated that landlord just "kept" my deposit without proving he had any right to it at all, even though I disputed his claim.
The judge told us that because he usually sees Landlords suing Tenants and he favors the tenant, that he would do just the opposite this time since the Tenant was suing the Landlord he would favor the landlord. What?! Why would a tenant bother to sue a Landlord at all? The landlord, in this case, never had to prove he had a right to keep my money??? He just gets to keep money from his tenants at his leisure without cause or having to establish cause? Um, NO, that is NOT what the law says. But this judge apparently can make up his own rules and change the laws as he goes along.
I know I am out roughly $500 (which is a crime in my opinion and should be properly handled) but something has at least got to be done to stop craziness like this. How can I report this and to whom? Who oversees District Court judges decisions? I don't want to file a lawsuit - I really HATE having to go to court for anything at all - but I do think this judge should at least be re-evaluated and reprimanded at the very least.
Thank you, sorry this is so long.
ETA: isn't there any way I can get my money back? To a divorced mom, and anyone living in Michigan, $350 plus $122.64 in prepaid rent, plus the $65 filing fees I paid represents a huge chunk. Can I place a claim against landlord with the credit bureau?
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