Legal Question in Landlord & Tenant Law in Michigan

Flooding, landlord's responsibilities

My apartment (along with 4 others, in 3 of 26 buildings) recently flooded (ground water came up through the foundation). Landlord is repairing damage, but only willing to allow us to break our lease and/or pro-rate us for the days that we are unable to use the apartment.

Is the landlord not also responsible for the expenses incurred (i.e. lost wages, accomodations, electricity used to run drying equipment) What course of action should I take if they refuse to budge?


Asked on 3/02/07, 11:01 am

1 Answer from Attorneys
Jay Courtright Jay Courtright, Attorney at Law

Re: Flooding, landlord's responsibilities

The language of the lease you have signed will dictate who is responsible for the expenses you have incurred in this situation. If the lease itself is silent on this issue, it may be possible to sue your landlord in small claims court for the damages resulting from his breach of the warranty of inhabitability as well as the warranty of quiet enjoyment. Small claims court is designed to allow citizens to redress grievances they have against others without incurring the expense of retaining an attorney. The maximum amount of the claim is $2,500.00, I believe, and most likely any damages you have sustained aren't any greater than that. You may want to document all the additional expenses you have incurred (actual damages) in as great of detail as possible, and go down to your local district courthouse and get the documents necessary to file a claim against your landlord.

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Answered on 3/02/07, 11:23 am


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