Legal Question in Disability Law in Michigan
housing and ramps
we live in an apt. we have lived here a little over 2 years and the ramp outside our front door for my wife to enter our apt. in her electric wheelchair or manual, whichever she is using whether alone or going with myself, needs to be replaced. it wasn't built to code by the apt. complex in the first place and now it is getting unstable. if it breaks while she is entering or leaving, who is responsible. who's resposibilty is it to replace the ramp and who should pay. we have asked the apt. mgr., who is new as of a month or two along with new owners, says it is our problem. i personally feel that since we were allowed to move in knowing she was wheelchair bound, that they should make the apt. accessible at their cost and ensure that this one is built to code. please let me know anything you can on this situation.
1 Answer from Attorneys
Housing and Ramps - Landlord responsibilities
In Michigan, a landlord is responsible for maintaining the premises in a safe condition, regardless of the Americans With Disabilities Act. If the premises is unsafe or constitutes a hazard, then the landlord must repair the offending part of the premises. The tenant can take the landlord to court, but that can be costly, and there is no guarantee that the tenant will receive an award of attorney fees. If the problem involves a code violation, then the tenant can contact the municipality and complain about the non-conformity. Most municipalities will issue a citation to the landlord and require the landlord to repair the problem. You should consider how long your lease will be in effect. If it is a month-to-month lease, then the landlord can terminate the tenancy upon a one-month written notice. The landlord is not required to renew a lease.
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