Tenants And Landlords Resource Guide - Michigan State University, College Of Law Page 29

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expose the occupants to unreasonable health
STEP 1: Notify the landlord and provide
risks. This implied duty cannot be modified
reasonable time for repair. Keep it simple.
or waived.
The tenant must notify the landlord, and
explain the situation, the importance of the
In addition to state law requirements,
repair, and when he or she would like it
counties and municipalities are free to enact
done. A simple phone call usually works.
ordinances that establish additional
However, the phone call should be followed
requirements for landlords beyond minimum
up with a letter to ensure that documentation
habitability standards. Most municipalities
exists. Sometimes, however, the landlord
have a housing code protecting the health,
requires that a specific form or repair order
safety, and welfare of its citizens. Some
must be filled out before proceeding. Read
require that the rental property be inspected
the lease and talk to whoever is in charge
on a regular basis. Some even requiring
and figure out the best course to take. Keep
licensing before a tenant can move in. Check
copies of communications and keep notes of
with the local city or county government
your discussions. Municipalities have
code enforcement office for additional
enacted housing codes – establishing
standards imposed on landlords in
minimum standards – to protect the rights of
maintaining their rental property.
both the landlord and tenant. Contact the
local city hall for information. Remember:
TENANT’S RESPONSIBILITIES
the landlord must be given reasonable time
Although responsibilities can be
to make repairs.
modified in certain instances – by mutual
agreement between the landlord and tenant –
STEP 2: If the problem is a major one,
a tenant is generally expected to:
contact the building inspector and schedule
an inspection. If the rental property is up to
1. Pay rent on time;
municipal code standards, the tenant will be
2. Keep the rental property in a safe
responsible for paying the inspector’s fee. If
and sanitary condition;
it is not up to code, the landlord pays the fee
3. Promptly notify the landlord of
(and may also have to pay a re-inspection
maintenance problems;
fee once the repair is made).
4. Generally speaking, exterminate
insects that appear if they were not
STEP 3: If the landlord has failed to make
there when tenant moved in; and
necessary repairs, either withhold the rent
5. Leave the rental property in good
and deposit it into an escrow account, OR
condition – reasonable wear and tear
pay for the repair and deduct the cost from
excepted.
the rent. But remember that the landlord
must have been provided with notice of the
IMPORTANT STEPS TO TAKE
problem first, and must have been given a
Depending on the problem, requesting
reasonable amount of time to fix the
that a repair be made could either be as
problem.
simple as a quick phone call or as
complicated as filing a lawsuit. Outlined
• If the rent, or a portion of it, will be
below are the recommended steps to be
withheld for the purpose of addressing
taken to solve a repair and maintenance
the maintenance or repair issue(s), the
problem:
tenant should send a letter – certified
mail, return receipt requested – stating
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 27

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