Renters Rights/ Refund of Deposit & !st Month Rent (Michigan)?

Question

We recently moved into a new home that we are renting. The ad we answered and the landlord gave us the impression the house was totally move in ready. We did give the land lord 2 weeks notice prior to us moving in incase there was anything that needed to be touched up or finished.

We are now moved in and EVERYTHING is going wrong... the pipes are rusted and cant get water to half the house, pipes are leaking, backing up ect. The air doesnt work (its been super hot here) and ect, ect...

My question is is there a way for me to get my cash back and move out, since the house is barley livable and I am sick of calling our landlord, him not answering or coming by when he says he is. I am sick of waiting around for people to come fix this place when I was (my room mates too) under the impression everything in the house worked fine an was move in ready.

(Sorry I know the questions quite long, but I am very upset)

Thank you.

Answer 1

Also call the city inspectional services. They'll send out an inspector who can order repairs or certify that the place isn't livable.  

Answer 2

.  I attended a class by the local Small Claims Court judge.  He says to come to him and fill out a 10 day notice to the landlord.  If everything isn't fixed in 10 days, you are out of your lease.  The landlord may owe you money.

If you move in the middle of the night or refuse to pay rent, the judge won't be happy.

Answer 3

yes, as the tenant, you have the right to live in a proper dwelling.  the landlord is responsible for fixing everything (within reason)  it sounds like there are plenty of problems.  you should find a new place and notify him that you expect a full refund and to be let out of your lease (unless he agrees to fix everything immediately).  if he doesn't want to play ball, contact an attorney.

Answer 4

Per MI Law, you have to give the landlord time to repair the problems.

This is from the MI Landlord/Tenant booklet regarding repairs:

Depending on the problem, requesting that a repair be made could be as simple as a quick phone call or as complicated as filing a lawsuit. Outlined next are the recommended steps to take to solve a repair and maintenance problem:

STEP 1: Notify the landlord and provide reasonable time for repair.

Keep it simple. The tenant must notify the landlord and explain the situation, the importance of the repair, and when he or she

would like it done. A simple phone call usually works. Sometimes, however, the landlord requires that a specific form or repair order be

filled out before proceeding. Read the lease and talk to whoever is in charge and figure out the best course to take. Keep copies of

communications and note discussions.

Municipalities have enacted housing codes—establishing minimum standards—to protect the rights of both the landlord and the tenant.

Contact the local city hall for information.

Remember: the landlord must be given reasonable time to make repairs.

STEP 2: Contact the building inspector and schedule an inspection.

In some municipalities, if the rental property is up to municipal code standards, the tenant will be responsible for paying the inspector’s fee. If it is not up to code, the landlord pays the fee (and may also have to

pay a re-inspection fee once the repair is made). Call the local inspector’s office to find out how much the fee will be.

STEP 3: If the landlord has failed to make necessary repairs, either withhold the rent and deposit it into an escrow account OR pay for the repair and deduct the cost from the rent. But remember: the landlord must first be provided with notice of the problem, and must then be given a reasonable amount of time to fix the problem.

Escrow Account: A bank account or other account held by a third party, generally established in the name of the tenant, into which whole or partial rent payments are deposited to show that the tenant was ready, willing, and able to pay the rent, but is withholding the rent until a certain problem is fixed that the landlord is legally responsible for

fixing. Once the problem is taken care of, the escrowed rent amount will be released to the landlord.

■ If the rent, or a portion of it, will be withheld for the purpose of addressing the maintenance or repair issue(s), the tenant should send a letter—certified mail, return receipt requested—stating why the rent will be withheld, where it will be deposited (what financial institution), and that payment will be released when the maintenance or repair

problem has been corrected.

■ If the repair cost will be deducted from the rent, call for three repair estimates. If it is a do-it-yourself job, shop and compare the cost

of parts. Reputable repair companies will come to the house and provide a free written estimate. Send copies of the estimates to the

landlord and state that the problem will be fixed unless the landlord agrees to do it by a certain date, and that the cost of repair will be

paid from the rent withheld. Keep all receipts and note the dates of repair; send copies to the landlord, along with the remaining portion

of the rent.

(Note: While the repair-and-deduct method may work well for small repairs, it may not work for large repairs.)