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?
- Category: Landlord Tenant
- Subcategory: Repairs
- Date:
- State: Michigan
Answer:
In Michigan, landlords must provide a safe and habitable property. If your landlord fails to repair the roof, you may have the right to withhold rent or use the 'repair and deduct' option. This means you can hire a professional to fix the roof and deduct the repair cost from your rent.
However, the amount you withhold must be reasonable and related to the repair costs or damages incurred due to the landlord's negligence. Additionally, any withheld rent should be deposited into an escrow account.
If your landlord tries to evict you for non-payment of rent, Michigan law offers protections. You must demonstrate that the eviction is retaliatory for asserting your tenant rights, that you provided notice to the landlord about the needed repairs, and that the amount withheld was appropriate and placed in escrow.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.