Uhm, cool, but …
Rent isn’t due every 48 hours.
So, the landlord can effectively wait a month.
When you withhold rent, you do so until the terms are met, then you pay what’s owed. It isn’t a discount, it’s an incentive.
(e.g., the toilet is not functional. Okay. Rent is $2k, but I am renting a place with a bathroom, and I don’t have that. Get me my bathroom and I’ll get you your $2k.)
So… I don’t get it. You cannot enforce 48 hours unless the repair is requested less than 48 hours before rent is due.
It also allows tenants to make arrangements themselves to get the issue repaired after the 48 hours and deduct it from rent.
That sounds like the landlord’s now just never going to get anything fixed
Hey if I’m allowed to call a plumber I trust and actually get a fix and not the landlord special, that’s a win!
If the landlord’s paying for it I’m not gonna haggle on price.
They will when I keep booking the most expensive handymen in town.
Good point. Although, anything non-utility related is subject to the woes private equity not serving the public interest.
i.e. if you rent in an apartment building, this isn’t an option in every city. Some local plumbers are NOT gonna touch the pipes on a corporate owned building. That kinda thing. All the way to where I have lived in a unit, had plumbing issues (thus the broken toilet analogy), and the case was such that the only plumber that would come to the building was the one that the building contracted out for the building.
In my case, this meant that my plumbing issues were known, unfixable, and fuck me. My recourse was withholding rent until the end of my lease, with only the obligation to pay what is owed if they prove the issue has been resolved.
Ultimately, this lead to them not renewing my lease.
I did get away with withholding and not paying 3 months rent. They still sent to collections, and I spent more than that fighting it.
I am now suing for damages.
Ultimately, I will win, but the stress is not worth the value of 3 months rent saved (+ “damages”)
Effectively half a month on average.
It’s better than nothing. Wish it were better but it’s a step in the right direction.
So, the landlord can effectively wait a month.
I guess Michigan could pass a law requiring landlords to accept rent payments every day. I’m not sure anyone would actually want that as a reform.
So… I don’t get it. You cannot enforce 48 hours unless the repair is requested less than 48 hours before rent is due.
I guess the question becomes - can you bill your landlord if you are forced to live outside their property, and deduct that cost from rent? If that’s the case, the withheld rent becomes a means by which you can immediately recoup the cost of housing outside the rental unit.
Even then, just the threat of non-payment is a big deal for a landlord who is - themself - likely paying a note on the property and at risk of default if they can’t use your money to pay their own creditors. The possibility of missing a mortgage payment creates a natural incentive to fix the property sooner rather than later.
As it stands, this would be a significant improvement to landlord/tenant relations. Which is why it likely won’t pass.
48 hours is more than enough time for the landlord (up to 72 for mold and bed bugs, which I understand to an extent, those jobs are extensive) because that is how much time they have for critical repairs.
If the defective condition is imminently hazardous to life or hazardous to the health and safety of the lessee or licensee, the lessor or licensor shall commence repairs or removal not more than 48 hours after receipt of the written notice
In all other cases, the lessor or licensor shall commence repairs not more than 7 days after receipt of the written notice.
The rentor has the right to:
Commence repairs and deduct the costs of repairs from the rent.
(Provided they have proof of repair estimates and receipts)
Bonus info that everyone should know:
lessor or licensor that does not commence repairs within the time period described […] has breached the rental agreement, warranty of habitability, and duty to repair,
Failure to comply isn’t just about the cost or commencement of the repair, it’s also a literal breach of contract. And the rental agreement needs to include these provisions. It’s not just assumed by the law existing.
Which means even if these laws get overturned down the line, a tenant would still have these rights under contract until their rental agreement ends. If they don’t include it in the contract, or otherwise include provisions that try to prohibit or subvert the exercise of this law’s provisions, the tenant can sue for $250-$500 or the actual cost of damages, whichever is greater, and
A party who prevails in an action under this section is entitled to recover court costs plus statutory attorney fees.
Basically, this is great for Michigan rentors.
It really depends on the definition of commencement. Scheduling a mold remediation company to come out in two weeks is arguably commencement of repairs.
As used in this section, “commence repairs” means physically initiating repairs.
If they need to hire someone to come and do the repair, then good luck finding someone who can show up on such a short notice.
I think it should be like 7 days, but 2 days seems too short.
Depends on the action needed.
Personally, I feel like for health and safety items, after 48 hours the renter should be able to call someone to do the repair on their behalf and bill the landlord any reasonable fees / withhold that money from the next month’s rent.
Hell, can you even get somebody booked in that timeframe if you do? Even for emergency service?
Yes.
Every tradie has a “fuck you” price. If I can take it out of rent, that money has already been budgeted.
Michigan has colder winters. What if your heat goes out? Two days is too long in this scenario, especially for elderly or young kids.
If it’s heat or power or water in the dead of winter, 2 days is frankly extremely generous.
If it’s power or water at any time of the year, 2 days is frankly extremely generous.
A short time frame is fine because the consequences for missing it is that rent is delayed until the repair is complete, or the tenant is authorized to arrange for repairs themselves and deduct the costs from the rent. Neither of those are onerous so there doesn’t need to be a long grace period.
This is also specifically for safety related repairs. It’s not like a tenant can withhold rent for a broken window screen or dripping faucet.
Yeah some work requiring contractors can take days to even find someone who can fit you into their schedule. 2 days seems great for critical to life things like no heat/ac, no functioning water/sewer, etc. But like, roof damage, a broken window? shit like that? Larger jobs It’ll take at least a week to get a crew scheduled to even show up, and seems like an unreasonable legal burden.
48 hours is plenty of notice to find somebody to tarp a hole in a roof or board up a broken window.
The wording seems to be that repairs must start within 48 hours, which is reasonable. Landlords could likely successfully argue that ordering replacement parts or having a someone scheduled to come out counts as starting or commencement.
My assumption would be they have 48hrs to book a service that takes time to fix and provide notice of scheduling.
Seven days is a long time to be homeless simply due to a landlord’s neglect.
Wrong, they should be on-call 24/7 to do repairs immediately. 48 hours is a generous compromise offer.
Removed by mod
whats stopping tenants from abusing this, basically saying oh you dint fix this or that when nothing needs fixing.
The submitted in writing part
It’s not about completion it’s about starting a repair.
Why would they spend their own money to fix things if nothing needed fixing?
Good
