Maintenance Requirements

M.C.L.A. 554.139; M.S.A. 26.1109

Division Of Student Affairs; Western Michigan University

WHAT IS A MAINTENANCE PROBLEM ?

Maintenance problems fall into three categories:

1. Emergencies,

2. Major problems, and

3. Minor problems.

Emergencies are situations that require immediate action (within 24 hours ) because they pose a threat to the health and safety of the residents. E xamples of emergencies are leaking gas, flooding and major roof problems.

Major problems are conditions which affect the quality of the residential premises but do not pose an immediate threat to the health or safety of the residents. Examples of major problems are deficient heating in a port ion of the house, a clogged drain and a deficient water heater.

WHAT TO DO WHEN YOU HAVE MAINTENANCE PROBLEMS.

1. Contact the landlord
   

   If your landlord isn't maintaining his/her rental property according to t he local housing code or your rental agreement, you should first discuss it with your landlord. Many landlords aren't aware of the existence of pr oblems until the tenant notifies them. If your landlord agrees to make th e repairs, ask for a date by which the repairs will be completed. Always remember to be courteous in discussions with your landlord.

   If after your initial discussion with your landlord, you feel that s/he m ay not cooperate, send your landlord a letter. Restate the problem and re fer to the previous discussion. State that you will take action if the pr oblem isn't resolved immediately. It is also a good idea to contact the l ocal building department to request an inspection of the property.

2. Keep Records
   

   It is very important that you keep a written record concerning maintenanc e problems. A written record will help you keep track of whether your lan dlord is responding to your requests. A written record will also prove in valuable in the event you have to go to court because the landlord did n ot comply with your requests. A written record should provide the answers to any questions a judge might ask you.

HERE ARE SOME RECORDS YOU SHOULD KEEP:

• Defects List: Keep a written list of the defects, the date you first noticed them and the date you notified the landlord. Give a copy o f this list to your landlord.

• Journal: Make a dated entry for each defect. Make notes on e ach conversation you have with the landlord, in person or by phone. Be sp ecific. Note the date of the conversation, where it occurred and whether there were any witnesses to it. Write down what you said and what the lan dlord said. Write down the times the landlord, caretaker, or repairman ca me to inspect the defects or to work on them. Note when the work was star ted and when it was completed.

• Temperature Records: If one of your problems is inadequate he at, buy a thermometer and check the temperature in several rooms each day . Keep a record of the temperatures in your journal.

• Photographs: Take pictures of all the visible defects in your rental unit and the common areas of the building (if it contains more th an one unit). Write the nature and location of the defect on the back of each picture, the name of the person who took the picture and the date on which it was taken. Keep copies of the negatives.

• Copies of Letters: If it becomes necessary to send letters to your landlord or anyone else concerning this matter, keep copies for you rself. To insure that your letters are received, send them certified mail , return receipt requested.

WHAT TO DO WHEN THE LANDLORD WON'T MAKE REPAIRS

These steps should be taken only after

1. you have documented your problem;

2. you've given the landlord time to repair;

3. the landlord has failed to act.

A. WITHHOLDING RENT

Withholding rent can be an effective strategy when your landlord fails to maintain your rental unit. Before your rent is due, deposit the money in a separate savings account and make a note of it in your records. Notify your landlord in writing that you have taken this action and explain why you have done so. State that you will release the money when the mainten ance problems have been corrected. Keep a copy of the letter for your rec ords and send the letter certified mail, return receipt requested. You sh ould be prepared to prove in court, if necessary, that your landlord has not made the repairs.

B. REPAIR AND DEDUCT

The Michigan Court of Appeals. in Anchor Inn v. Knopman, 71 Mich App 64 ( 1976), held that a tenant may make repairs and deduct the cost from rent where the landlord fails to make such repairs. The court required that t here be (1) a duty to repair (provided by statute - M.C.L.A. 554.139; M.S .A. 26.1109); (2) notice to the landlord that repairs are needed or actua l knowledge on the part of the landlord that repairs are needed; and (3) reasonable lapse of time from receipt of notice or actual knowledge by t he landlord so that s/he can make the repairs. Once these conditions have been met, you can proceed.

You should first call at least three companies for estimates (if it is a do-it-yourself job, call three stores to price parts). Once you have obta ined the estimates send your landlord a letter including the estimates. S tate that you will pay for the repairs out of your withheld rent or your next rent payment. Set a date for the landlord to make the repairs and st ate that you will take care of the problem yourself if s/he does not act by that date. Keep a copy of the letter and the estimates for your record s. Send the letter certified mail, return receipt requested.

If the landlord does not respond by the date you set, hire the lowest bid der (or purchase the parts) and pay for the work yourself. Send your land lord a letter in-forming him/her of your action and enclose the receipts for all of your expenditures.