Legal Question in Landlord & Tenant Law in Michigan

I moved into my apartment on April 17, 2009, I in turn reported to them several maintenance issues, including: my oven doesn't heat, my shower would not drain adequately, the air conditioner system leaked causing water damage to the ceiling in my bath room, my refrigerator cooled and defrosted when it wanted, and I am missing a drawer in my kitchen. These are minor and major issues, pending I have special dietary requirements. The office has been reminded of the issues on more than one occasion. Recently, due to me calling the corporate office and leaving several messages with a receptionist (with no return calls from management yet) maintenance has come and undrained the shower and replaced the older refrigerator with a newer one. But none of the other issues have been resolved.

In July, I changed banks, thus changed checking accounts, and I wrote a check to the company for my rent payment. The bank and I had a mix up and the check was returned. I dealt with the issue with my bank, and I am not saying I do not owe the company a returned check fee, because a policy is a policy. However, I was able to receive a phone call and a notice on my door letting me know that I now owed them $ 50 dollars and my rent money. I paid the rent, however I did not pay the $50 return check fee, because I do not feel that it is fair that they can contact me pertaining to monies they feel they are owed, but they have not earned. Because if I had not began to pester the corporate company with the messages, I do not feel the things they did correct would have been corrected.

With all the prior information given, am I in any way legally able to not pay that $50 return check fee, or be able hold further rent payments until my issues of maintenance have been resolved?


Asked on 8/27/09, 3:31 am

1 Answer from Attorneys
Brad Aldrich Aldrich Legal Services

There is Michigan case law that states a tenant's covenant to pay rent is conditioned uponthe landlord's covenant to keep the premises in reasonable repair. If you can prove that you have given notice to your landlord regarding the repair issues and that they were not taken care of within a reasonable period of time, then you have the right to withhold your rent. You need to send a letter to your landlord stating that you will be withholding your rent and the reasons why. As for the NSF fee, this is not rent but a cost from your check bouncing. This is different and should be paid because your failure to pay it can be considered a breach of the Lease (I am assuming that the Lease contains language about NSF fees. If not then this may not apply). A party in breach of a contract often cannot claim the other party is in breach of contract. Once you have notified your landlord about withholding your rent (sometimes referred to as placing the rent in escrow) you wait to see if the landlord makes the repairs or takes you to Court. If they try to evict you you should hire an attorney to defend on the basis of failure to make repairs. You can also seek an abatement of rent for the premises not being in reasonable repair which is simply a rebate off of your rent. Aldrich Legal Services, PLLC specializes in real estate law, along with Bankruptcy, Probate matters, Family Law matters and other areas of law. If we can be of service to you please visit our website at aldrichlegalservices.com or call us directly at (734) 404-3000.

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Answered on 9/01/09, 1:40 pm


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