If my landlord returned my security deposit in full without doing a walk-through, if she let the house to enter foreclosure can she legally sue me for repairs?

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If my landlord returned my security deposit in full without doing a walk-through, if she let the house to enter foreclosure can she legally sue me for repairs?

Asked on December 22, 2011 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. Since you received the full return of your security deposit from your landlord, there is a presumption that when you vacted the rental, there was nothing physically wrong with it that you would be responsible for.

If the landlord files and action for damages against you while the rental is in foreclosure, repairs have not been made and the unit is then foreclosed upon, the landlord would have no damages to complain about as a matter of law. She no longer owns the property and never made the repairs out of pocket. Likewise, she would not have sold it for any lower amount due to needed repairs.


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