Legal Question in Landlord & Tenant Law in Michigan

Landlord not responding to problem that causes health risk.

My air conditioning broke in my apartment and the landlord said it would be Friday at the earilest to get it fixed...It's tuesday. I wouldnt really make a fuss about this except I have asthma and can't breath in the humidity and heat of 90+ degree days. I had to leave my apartment and stay elsewhere because of my Asthma. What can I do???? Im paying rent to stay there and I cant even stay there? PLEASE ADVISE. thanks.


Asked on 7/20/05, 8:09 am

1 Answer from Attorneys
Blake Lipman Law Office of Blake P. Lipman

Re: Landlord not responding to problem that causes health risk.

You can demad an abatement of the rent for the period that the apartment is unuseable by you. The abatement should be at a rate equal to 1/30th of monthly rent times the number of days that you have been unable to use the apartment. This should be conveyed to the landlord in a clear manner. In the event that your landlord takes legal action against you for non-payment of rent, you will have a clear record to show to the court. There is an implied covenant of habitability in all residential tenancies, you will argue that given your medical condition and the temperature and humidity on the days you were without air, you were forced to move out. For more info., please contact my office at (248)851-3171.

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Answered on 7/20/05, 9:51 am


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