What can I do if my landlord won't fix uninhabitable conditions in Michigan?
1. Implied Warranty of Habitability — Michigan's statutory covenant of fitness, MCL 554.139, requires landlords to keep premises fit for the intended use, in reasonable repair, and in compliance with health and safety laws. The covenant is non-waivable.
2. What Counts as Uninhabitable — Lack of running water, heat, sewage backups, vermin, structural defects, lead paint hazards, broken locks, mold. Local housing codes (Detroit, Ann Arbor) supplement.
3. Tenant Notice to Landlord — Written notice of the defect and reasonable cure time required before invoking remedies; emergency conditions may justify shorter notice.
4. Repair-and-Deduct — Michigan has no statutory repair-and-deduct. Tenants who self-help risk eviction; recovery must be sought through court.
5. Rent Withholding / Escrow — MCL 600.5744 authorizes the court in a summary eviction to order rent paid into escrow pending repairs. Withholding outside court is not protected.
6. Constructive Eviction — Recognized at common law; tenant may abandon and terminate where defects substantially interfere with use.
7. Affirmative Defense to Eviction — Breach of MCL 554.139 is a complete defense and counterclaim to nonpayment eviction (Allison v. AEW Capital Mgmt.).
8. Damages & Penalties — Rent abatement based on diminished value, actual damages including consequential losses, and statutory court costs. Attorney fees only if lease or specific statute provides.
9. Retaliation Protection — MCL 600.5720 presumes retaliation for 90 days after tenant complaint to government agency, lawful tenant organizing, or asserting rights; landlord must rebut with non-retaliatory reason.
This is legal information, not legal advice.
- Summary eviction filed during habitability dispute
- Lead paint exposure in pre-1978 housing causing elevated blood lead
- Landlord cuts off utilities or removes doors/windows
- MCL 554.139
- MCL 600.5744
- MCL 600.5720
- Allison v. AEW Capital Mgmt., 481 Mich. 419 (2008)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.