What should I do about my landlord not keeping up with my apartment?
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What should I do about my landlord not keeping up with my apartment?
I have a bathroom sink getting ready to fall off the wall, the windows are not properly sealed and trim is not up. I already have water damage. There is not a working smoke alarm or thermostat. There is mold growing out of the cupboard under the kitchen sink. We have already replaced ourselves doors, door handles, caulking, and a new door knob for the front door. We have told the maintenance man and landlord many times and they repeatedly told me it would be fix and its not done yet and I’ve been here three months. I have a 8 month old and I”m at my wits end. not sure what to do now.
Asked on August 4, 2012 under Real Estate Law, Michigan
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In every lease there is an implied warranty of habitability which requires the landlord to maintain the premises in a habitable condition by complying with local and state housing codes. When there is a breach of the implied warranty of habitability, the tenant notifies the landlord as you have done and the landlord is required to respond within a reasonable time by making the necessary repairs. When the landlord fails to respond within a reasonable time, the tenant has the following options: The tenant can make the repairs and deduct the cost from the rent or the tenant can move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant stays on the premises, the tenant can withhold rent and defend against eviction. Another alternative is to sue the landlord for breach of the implied warranty of habitability. You can also contact your local housing code inspector, who can bring an enforcement action against the landlord for housing code violations.
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