In Michigan, tenants facing unaddressed repair issues in their rental homes have the option to withhold rent, but the process is not straightforward. According to Donovan McCarty, director of Michigan State University College of Law’s Housing Justice Clinic, a lease is a contract where landlords agree to maintain the property, and tenants agree to pay rent. If landlords fail to make necessary repairs, they breach this contract, allowing tenants to withhold rent as a defense in court.

Legal Framework and Tenant Responsibilities

Michigan law mandates landlords to keep rental properties in ‘reasonable repair’ and ensure they are fit for use. However, the term ‘reasonable repair’ is not explicitly defined, leaving it to the discretion of judges or juries in legal disputes. Tenants are advised to notify landlords of repair needs in writing and, if necessary, place withheld rent into a separate escrow account or pay for repairs themselves, deducting the cost from future rent.

Local Ordinances and Escrow Accounts

While state law provides a baseline, municipalities like Detroit and Ann Arbor have additional rental ordinances. Detroit is currently revising its escrow program, transferring administration to the Department of Human, Homeless and Family Services. Tenants can also set up personal escrow accounts, ensuring the funds are solely for rent.

Guidance for Tenants

Jim Schaafsma, a housing attorney with the Michigan Poverty Law Program, emphasizes the importance of handling rent withholding carefully, ideally with prior notice to landlords. Tenants should consider how a judge might view their actions and whether withholding rent is reasonable. For further guidance, tenants can refer to resources like Michigan Legal Help or the Legislative Service Bureau’s Practical Guide for Tenants and Landlords.

Original reporting: BridgeDetroit — read the source article.