QUESTION
What can I do if we signed a leased with option to buy but our wooden patio cover collapsed about a month ago?
Asked on Apr 21st, 2014 on Landlord and Tenant Law - Michigan
More details to this question:
The landlord I believe doesn't have rental home insurance. The landlord said the adjuster will be there and told us that he told the adjuster that the high wind caused it. The wooden patio obviously was dry rotted. To this day there hasn't been anyone to see it. This damage from dry rot prevents us from going out of the back door. It has several rusty nails and another part is detaching from the home and about to fall at any time. Upstairs bathroom, soap dish built in has been broken prior to moving in (like that when we moved in 1 1/2 years ago) has sharp edges that someone can accidentally fall and get hurt. Point is that he is aware of it since day 1 and hasn't fixed it. We sent pictures and there are other issues as well. We always pay our rent on time in fact we pay practically a month before it's due.
3 ANSWERS
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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The first thing you need to do is take a look at your lease in terms of whether it provides which party is responsible for the maintenance. On a typical residential lease, the landlord is responsible for the maintenance no matter what the lease agreement says. However, it is not unusual for the landlord to shift the maintenance obligations to the tenant as consideration for the purchase option in a lease. In any event, unless the lease provides otherwise, the landlord has no obligation to provide insurance -coverage for the benefit of the tenant. You have the right to withhold up to one months rent every six months provided that you use that rent to repair problems affecting the habitability of the leased premises.
Answered on Apr 23rd, 2014 at 6:39 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can sue him. You can leave. You can make the repairs yourself and send him a bill. And if he has a mortgage on the house, he has insurance on the house.
Answered on Apr 22nd, 2014 at 10:58 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Before I could render an opinion I would have to look at your contractual agreements with your landlord. It would appear that you do have some reasonable claims.
Answered on Apr 22nd, 2014 at 10:57 AM