Legal Question in Real Estate Law in Michigan

Re: My Rights During Repairs

While it is not possible to address your specific set of circumstances without more detailed information regarding the lease, damages, etc., there are some important points that should be noted.(1) For residential leases in Michigan, the landlord's covenant to repair is a matter of statutory mandate. The landlord is legally required to keep the premises in reasonable repair and to comply with applicable health and safety laws during the term of the lease. See MCLA 554.139(1)(b), MSA 26.1109(1)(b).

(2) Many leases contain broad exculpatory clauses that are intended to relieve the landlord from liability for damages that occur because the building is in disrepair or because of any act or negligence of the landlord. Such clauses are often found to be void by the courts as being against public policy. In some instances the forgoing obligation can be modified by the parties in a lease with a term of at least one year - hence, the lease terms can be important. My experience is that the courts are typically very simpathetic to the plight of the tenant in this regard.

(3) A breach of the landlord's covenant to repair that deprives the tenant of the beneficial use and enjoyment of the premises may justify terminating the lease. The tenant may waive the right to terminate the lease by remaining in the premises after the breach. However, no waiver will be found if the tenant continues to rely on the landlord's promises to repair.

(4) The general measure of damages a tenat is entitled to recover for injuries caused to the tenant's property due to a breach of the landlord's duty to repair is the difference between the market value of the goods immediately before the breach and immediately after it. In most extensive damage cases, the landlord will turn such claims over to its own insurance.

(5) If a landlord has covenanted and has failed to make the repairs, unless the lease provides otherwise, the tenant can make the repairs and recover their cost from the landlord or deduct the cost from the rent. But the tenant may not do so without first giving the landlord a reasonable opportunity to make the necessary repairs. What is "reasonable" will vary with the specific circumstances.

(6) Michigan's Consumer Protection Act is one of the most extensive in the country and should never be overlooked in such situations.

(7) The landlord has no right to evict a tenant becuase the tenant is properly attempting to address his or her legal rights. Furthermore, any attempt to evict a tenant may not involve force and must go through a host of statutory hoops, including proper notice to the tenant and a chance to address the matter in court.

Be sure to take some pictures of the damage and to document all conversations, dates, etc.

I hope that this information helps and that you and your landlord can reach an amicable agreement.