Legal Question in Real Estate Law in Michigan

I have rat in my apartment. The landlord has only given me traps to catch the rats. Can I get out of my lease.


Asked on 1/04/10, 4:55 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

It depends on how much time has passed since you first notified the landlord of the problem, and how bad it is. If it's been a month and there are a bunch of rats running all over because the traps aren't working, then obviously your landlord has breached its duties and needs to try Plan B - assuming you have notified the landlord that there is still a problem. Michigan law requires a tenant give a landlord a reasonable time to cure any problem, such as pest infestation. Keep track of all communications, notices, and the extent of the problem. Your landlord is responsible for any costs associated with this, unless the rat problem is somehow related to you (it is likely a problem based on the building's location, structure or other tenant's, such as a nearby restaurant or a very old building).

If your landlord does not cure the problem within a reasonable time period, then you would have a legal basis to move out and breach your lease, without facing legal consequences or liability. Your landlord may still sue you, but that doesn't mean he would win. Depending on how many rats we are talking about, and how much damage (if any) they are causing to you and your property, a reasonable time period is likely 30 days or less. There is no set time period. You can research this issue online to see what courts have determined is "reasonable" for a situation such as yours.

Again, it is important to provide constant and written notice to your landlord of the problem, including whether or not the traps are working at all, and any damage that is being done. Unfortunately, most of the time, tenants have to be extremely proactive about this to get the problem solved. On the flip side, there are many tenants that exaggerate problems to get out of a lease. I'm telling you this so you know how a court may look at the issue, should it get to that point.

If you take any action of your own, such as additional or different traps, and/or poison, keep track of your actions and expenses so you can be reimbursed by the landlord.

Good luck!

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Answered on 1/09/10, 7:16 pm


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