Tenants And Landlords Resource Guide - Michigan State University, College Of Law Page 28
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39If the defendant fails to pay the
LANDLORD’S RESPONSIBILITIES
judgment when ordered, you must go back
Under Michigan law, the landlord has a
to the court and file additional papers to
duty to keep the rental property and all
collect on the judgment by having the
common areas:
defendant’s wages or bank account
a) Fit for the use intended by the parties;
garnished or their property seized. This
b) In reasonable repair during the term
cannot occur until 21 days after the
of the lease; and
judgment is entered. As part of the
judgment, the defendant must provide
c) In compliance with the health and
information to the court that can be used in
safety laws. (MCL 554.139).
post-judgment collection efforts.
Whether the landlord is required to
Repair and Maintenance
repair a problem depends on two factors, the
nature of the problem itself, and whether the
Repair and maintenance problems range
landlord’s duty to repair has been modified
from things that are merely annoying to
– either by tenant’s conduct or by mutual
things that pose an immediate threat to
agreement.
health and safety. However, it should be
Unfortunately, the term “reasonable
noted that both the landlord and the tenant
repair” is not defined by law – it is a
have some responsibility for maintenance.
question of fact, and if litigated would be
There are three types of maintenance
decided by the judge (or jury). However, a
problems:
little common sense can go a long way here.
While it would certainly be reasonable for a
1. Emergencies (require action within
landlord to fix a clogged drain or defective
24 hours and pose an immediate
water heater, it may not be reasonable to
threat to the health and safety of the
require the landlord to repair a minor chip in
occupant(s) – gas leak, flooding,
a countertop or some peeling wallpaper.
defective furnace, major roof
The landlord is relieved of the duty to
damage);
repair and comply if the tenant’s willful or
2. Major problems (affect the quality
irresponsible conduct or lack of conduct has
of the residential environment, but
caused the disrepair or violation of health or
not to the degree that the life of the
safety laws.
occupant is immediately endangered
The landlord and tenant may – by
– defective water heater, clogged
mutual agreement – modify these duties and
drain, heating problem in part of a
make the tenant responsible for repairs, but
house); and
only if the lease agreement has a current
3. More minor problems (fall into the
term of at least 1 year. In other words, if the
nuisance category – defective
lease term is less than 1 year, the landlord’s
lighting; minor problems with the
duty cannot be modified.
locks; dripping faucets; sometimes
household pests, peeling paint and
Additionally, almost all courts recognize
wallpaper).
that a residential lease agreement includes
the implied duty that the rental property
must be fit for habitation by humans. This
means that the rental property must meet
some minimum level of standard so as not to
T e n a n t s a n d L a n d l o r d s R e s o u r c e G u i d e
Page 26
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