How to Encourage your Landlord to Make Repairs

In Michigan, the landlord has a duty to make repairs to rentals that they own. The landlord’s obligation to make repairs may be modified if the parties have signed a written lease for a term of one year or longer (review your lease). The landlord also has no obligation to repair damage caused by the tenant.

Most repairs to rentals are done in a reasonable amount of time and the tenant can work with the landlord to insure that this occurs but it is also important to know there are situations where a tenant must advocate for themselves. This is especially true in situations when the home repair is needed for health or safety, and the responsible owner has not tried to fix the problem in a timely manner.

The following instructions come from the booklet Project Permanency by Legal Aid and Defender Association Inc.

Repair and Deduct

1. Send a letter to your landlord. State in your letter that your landlord has failed to comply with the law requiring him/her to keep the premises in a reasonable state of repair. The law that places this obligation on the landlord is MCL 554.139. Mention this law in your letter. More than one tenant can join in signing a single letter.

2. Include with your letter a list of all problems in need of repair. Also state in your letter that you expect a written response from the landlord within 10 days. State that if you don’t receive a response, you will repair the problems yourself and deduct the costs from your rent payments

3. Send your letter by certified mail, return receipt requested. Make sure you keep a copy of your letter. Also send a copy by regular First Class Mail.

4. While waiting for your landlord’s response, take photographs of all visible repair problems. Keep these photographs, you may need them later.

5. Call for an inspection by the local code enforcers or the Department of Buildings and Safety Engineering. They will look for violations of health and building codes. In Oakland and Macomb County contact your local city hall or building department. In Detroit, call (313) 224-3105. Request a copy of the inspection report.

6. If your landlord fails to respond, or responds but refuses to make the repairs, you can make the repairs yourself.

Follow these guidelines:

A. Open a new bank account and deposit your rent instead if paying it to your landlord. Do not deposit the rent in your regular bank account. This should be a separate account for your rent only. Label the account your “rental account."

B. You will be responsible for making sure that the costs of repairs you make or have done are “reasonable.”

C. If you have the repairs made by professionals, get three written estimates first. These estimates must be signed. Keep a copy of each.

D. Any work you can competently do yourself should be done by you. IF you do the work yourself, be very careful about billing your time to the landlord. It may be best to bill the landlord for your time only after he/she takes you to court.

E. Keep a written record of time you spend making the repairs.

F When the repairs are done, prepare a statement to be sent to your landlord detailing the costs of the repairs. If there is money left in your “rental account” after you have paid for the repairs, it must be given to the landlord along with the repair statement. Keep a copy of the statements for your own records

Withhold rent

Follow the steps for sending the letter in the Repair and Deduct section above. However, do not state in your letter that you expect a response within 10 days or you will begin repairs yourself. Instead, state that you will withhold rent until the landlord completes the repairs.

Open a new bank account and deposit your rent in the account instead of paying it to your landlord. Do not deposit the rent in your regular bank account. This should be a separate account for your rent only. Label the account as your “rental account.”

Wait for your landlord to make the repairs or take you to court.

Defending Against an Eviction:

If your landlord refuses to make the repairs and takes you to court, you will need evidence to prove what you have done to remedy your repair problems. Save all receipts, papers, photographs, inspection reports, and letters to be used at your trial.

If you receive a Notice to Quit or Demand for Possession and /or a Summons to appear in court, you should seek legal assistance.

For additional assistance please contact Legal Aid and Defenders at Legal Aid and Defender 1.877.964.4700 or Elder legal aid of Michigan (also helps disabled) 800-347-5297

For instructions in construction of Tenant Landlord letters see Tenants and Landlords, a Practical Guide: http://www.senate.michigan.gov/gop/publications/Tenants%20and%20Landlords.pdf