Legal Question in Landlord & Tenant Law in Michigan

I live in an apartment complex that has one entrence in and one enterance out. At the enterance there is a giant crater about 15 feet wide that you have to drive over to get to the parking spots. I have a 2000 VW

Beetle that I just bought about a week ago. Friday night I was coming in from work, and hit one of the pot holes with in the crater and it put a softball size hole in my oil pan. I had to get the car towed and it took 4 days to get the repairs down wich totaled $500. I notified the complex and they said they are not responsible and refused to pay for the damages stating it is a hazard that has been there and that I was well aware of and I should have been more cautious. Do I have a case for small claims court? And if so, are they able to terminate my lease or not renew it, if I do take them to court?


Asked on 2/03/10, 2:24 pm

1 Answer from Attorneys
Stuart Collis Collis, Griffor & Hendra, PC

The open and obvious danger makes the landlord's argument very viable and yours very weak. Landlords due have a duty to make sure that the tenancy is maintained but that may or may not extend to the exterior.

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Answered on 2/08/10, 3:29 pm


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