Legal Question in Landlord & Tenant Law in Michigan
I am looking for help with a mold issue I have in a home I am renting. The landlord does not want to address the issue and is trying to evict me in retaliation for bringing this issue to the attention of the city Building Inspector. Do I have any legal rights to stop the eviction, get the mold removed from the residence and for the personal property that must be replaced due to the mold contamination?
1 Answer from Attorneys
A lot depends on the terms of your rental agreement or lease. If your lease states that the landlord is required to keep the home habitable, including remediation for mold, then you may be able to withold rent until the repairs are completed. If the home has become inhabitable due to mold, then you may be able to be released from your lease, due to inhabitability. Witholding rent can be done with the approval of the court, you can place the money into an escrow account. As to your personal property, you should have renter's insurance that covers your personal property from loss due to fire, theft, etc. Contact your insurance agent to determine if the policy covers mold. If your landlord takes you to court for eviction, you may want to have a lawyer to represent you. A lawyer should be able to get at least a 30 day delay from the court to give you time to relocate, as well as refunding damage deposits etc.
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