Can I withhold rent from my landlord until such time as necessary repairs are made?
Full Question:
I’m an office clerk living in a rented house with my family of 4 members in Flint, Michigan. I have been repeatedly asking our landlord to repair the roof of the house which is in shambles. The roof has substantially deteriorated in condition due to shoddy patch ups made over the years. He never engages professional help to repair it and does it himself. He is very particular about the rent being paid before the 3rd of every month. Can I legally withhold from paying rent or reduce the amount of rent paid until such that he repairs the roof engaging professional help? What can I do if he initiates eviction for non-payment of rent?
11/09/2016 |
Category: Landlord Ten... » Repairs |
State: Michigan |
#26459
Answer:
The law in Michigan does not provide any benchmark for withholding the rent or for the deductions from the rent. It must reasonably relate to the cost of fixing the problem or to the amount of damage the tenant has incurred because of the landlord’s failure to fix the problem. Also, any such deduction done must compulsorily be deposited into an escrow account.
If the landlord initiates eviction for non-payment of rent or deductions, the state of Michigan provides remedies against such eviction. The tenant must prove the following for such protection:
- The eviction is retaliatory action by the landlord for trying to enforce your legal right as a tenant.
- The landlord was given notice and ample time to fix the problem but ignored his legal duty.
- The rent withheld was proper and deposited into an escrow account.
