Legal Question in Real Estate Law in Michigan
Landlord responsibility for repairs
I rent a unit which I found, shortly after moving in, to have major leaks in or around the windows in two rooms. The leaks have caused water damage to carpet, blinds etc.. I have repeatedly asked the landlord to make repairs (since May 2001) and they have continually given the same response - they have contractors looking into it. No repairs have been made to date. Since I believe they have far exceeded a ''reasonable amount of time'' for repairs, I have withheld rent for two months. I am now considering moving from the unit and sueing for all rent previously paid as well as moving expenses. I do not believe the landlord has honored their end of the lease as I have not had a ''tenantable'' unit since day one. What are my chances of recovering any or all previous rent paid?
1 Answer from Attorneys
Re: Landlord responsibility for repairs
When you rent an apartment there is an implied covenant or promise that the premises and all common areas are fit for the use intended by the parties, that the premises will be kept in reasonable repair during the term of the lease and that the premises will comply with the applicable health and safety laws of Michigan and the local unit of government - except when the disrepair or damage has been caused by the tenant's willful or irresponsible conduct or omission. The landlord's promise to repair and comply with safety and health laws are mutual to the tenant's promise to pay rent.
The Michiagn Consumer Protection Act may also help you in the problems that you are facing. However there are minimum damages of $250 ($500 in some instances) and your ability to recover reasonable attorneys fees.
Contact me at my office if I can be of further assistance
Dave McDonagh
Lahn, McDonagh & Brown PLLC
(734) 944-2269
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