Legal Question in Landlord & Tenant Law in Michigan

Mold in my Modular Home

I have been renting my modular home for the past 5 months. Of those 5 months I have had mold on my bedroom ceiling for 3 months. I brought this to the attention of leasing agent and the problem was documented along with some faulty electrical wiring in another bedroom. Someone came to look at both the roof and the electrical problem, but nothing was done about either. Do I have the legal right to withhold rent, and if not what can I do?


Asked on 10/01/05, 9:48 am

1 Answer from Attorneys
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Mold in my Modular Home

You can only withhold rent if the premises are uninhabitable. This means that you cannot live reasonably comfortably in the premises. I don't know how extreme these problems are. If the mold is a health problem for you and is a continuous problem, it could possibly cause the premises to be uninhabitable. If you can just wash it off and eliminate or improve the mold problem, then you should do so. Minor maintenance issues that do not interfere with your use or enjoyment of the premises are not reasons to withhold rent. If the electrical wiring is causing a dangerous situation, you can have it repaired and withhold the expense from your rent. Be careful though that you comply with all the notice requirements.

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Answered on 10/03/05, 8:43 am


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