Legal Question in Landlord & Tenant Law in Michigan

I have lived on a Month th month rent agreement, and after 4 years I have decided to move, due to reoccuring Roach infestation. I have repeatedly ask my landlord to have the place professionaly exterminated, but he went the cheap route and brought spray. Now I have a heart condition (pre exsisting) and can't. Be exposed to foggers. My leather furniture is ruined, All my appliances, so my question is do I have to pay him the last month I am here? I feel he should pay for my furniture since I can not sell it, or my appliances. I must move. But I have no furniture. Can I leagley keep the last months rent, and move on the first? Thanks a lot in Advance.


Asked on 11/15/12, 12:04 pm

1 Answer from Attorneys
Jeshua Lauka David & Wierenga, P.C.

I would recommend that you contact an attorney right away. Under Michigan law residential landlords have certain heightened statutory duties. A Landlord's duty is set forth in MCL 554.139(1)(a) to keep premises and common areas "fit for the use intended by the parties"; and Landlord's duty is set forth in MCL 554.139(1)(b) to "keep the premises in reasonable repair.�

Traditionally, the payment of rent is an independent covenant of a landlord's duty to keep the property fit for its intended use. This is not true in the residential context; meaning, in the residential context any breach of these duties would be a defense to payment of rent. I cannot advise on your specific set of facts, but you should certainly look to meet with an attorney, if money is an issue, then I would look to contact a Legal Aid office - the attorneys there are well-versed in this area of the law.

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Answered on 11/15/12, 12:35 pm


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