Legal Question in Landlord & Tenant Law in Michigan
landlord tenant
I just posted my problem reguarding a roof leak in our mbdrm with vermiculite insulation in attic which is exposed due to the holes in the ceiling. We didn't know about the insulation until after the lease was signed. This happened Jan. 29,09 it has leaked several times since and our room is unhabitable as a result. What are our legal rights, can we break the lease and move.
1 Answer from Attorneys
Re: landlord tenant
Have you notified your landlord in writing of the problem? If not, do so immediately, via hand delivery and certified mail, so you have proof that they were given notice. If they do not remedy the problem within 24-48 hours, you likely have just cause to terminate your lease, but I'd have to know exactly how bad the condition was before making that final determination.
A landlord has to be given an opportunity to remedy any problem or defect before a tenant can simply breach the lease, stop paying rent, or move out.
By law, you are also allowed to put your rent payments into an escrow account until the landlord has fixed the problem. You must notify the landlord that you are escrowing your payments and where the escrow account is held.
If the problem is really bad and/or your landlord is not fixing it, I suggest you immediately retain a lawyer to at least write a formal letter to the landlord to hopefully encite some action.
Thanks.