What are tenants rights if apartments are not up to code?

[Anisah_H]

What is the name of your state? Michigan

What are the tenants rights if their apartments are not up to code? One neighbor has stuff leaking from the basement that is sewage. The hole in her closet where it is leaking is has not been fixed. There are other things they haven't fixed, such as a hole in my wall that was there when I moved in, some windows don't have screens and storm windows (this is a state law that they have to have them on during winter). I have tiles coming up in my bathroom that they would not fix when they started cracking, and much more. Other tenant's apartments are just as bad, if not worse.

When I talked to the building inspector, he said apartments have to be inspected before they are rented in Michigan, and that a hole in the wall would not pass inspection. He said he had no record of them being inspected, but now he seems to be passing the buck about who has the records. Then he told me to talk to the code enforcement guys, and I did talk to one but he hasn't gotten back to me.

What can tenants do to force the landlord to get things up to code? We are not expecting chandeliers or vaulted ceilings, we just want to live in decent places. We deal with a Realty company, not the owners. Will they do much or just slap them on the wrist for not having the building up to code?

Any advice about what the tenants can do? Some of them want to do something, others are happy with the status quo, so it wouldn't be a united thing. I am just tired of them wanting the rent so bad, but not wanting to fix things.

Thanks.

Anisah

 

[BL]

Find out who the director of Building code enforcement is .

Call ,leave a message if necessary .

Follow it up by a Fax , or written letter ( keep copies ) .

If you haven't requested repairs in writing from the Landlord , I'd suggest CC: to the LL.

If they can't find the records , insist on another inspection .

If there's raw sewage , call the health Sept. also .

 

[Anisah_H]

Thanks BL. I don't believe there is a director of building code enforcement. This is a small town (pop about 10,000 I think). The building inspector is also the fire chief.

I sent them an email last month saying that I was not going to pay the higher rent fee (if your rent is late one time during your lease you pay $50 more every month the rest of the lease) or my late fee because of things that are broken and I listed them. I know i should have sent that by mail CRRR but I didn't.

The next day I got a notice to quit because my lease is up in the middle of March. I also got a bill for the amount I said I would not pay, with nothing saying they were going to fix anything. So I do have to worry about being evicted because my lease is up, but I am going to fight them because I know they are doing it because I am trying to make them obey the law.

Anisah

 

[OHlandlord]

Your lease gives a discount clause for on time payments. If you pay late, you no longer get the discount. You can't withhold this for repairs, it has nothing to do with repairs. Neither does the late fee. Rent withholding applies to rent only (not late fees or early pay discounts) and is applicable in issues of inhabitability. If you feel the unit is uninhabitable, you need to contact the clerk of courts and pay your rent (in full and on time) to them or their designated account. Get a receipt showing you paid your rent to them. You do not keep the rent yourself in rent withholding. Failure to follow your state guidelines for rent withholding can get you evicted.

The idea of rent withholding is to have the money where the LL can see it, but can't get it until he makes needed repairs. It is an incentive to repair. When he makes the reapirs, the court releases the rent money to him. Keeping the rent causes no such incentive. Do rent withholding correctly.

 

[MIRAKALES]

Michigan has a few resources to assist with housing issues.
Check these consumer protection and building code links to see which are most useful and near to your location.

http://www.michigan.gov/ag/0,1607,7-164-17331_23326-63047--,00.html
http://www.emichigancity.com/citizen/buildcode/index.htm

 

[Grandma's house]

You could Move

 

[farmgirl_48732]

NOT a legal answer, but why would you rent a place that had holes in the wall? This sounds so typical, I am not going to pay my rent because I didn't have the money and in the process I'll turn the landlord in for building code violations. Why don't you call & talk with your landlord? Make an appointment if need be, instead of refusing to pay your rent.