Detroit Michigan Complaint alleging Constructive Eviction for Failure to Repair and Maintain Leased Premises
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How to fill out Michigan Complaint Alleging Constructive Eviction For Failure To Repair And Maintain Leased Premises?
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FAQ
Which of the following statements is true about constructive eviction in Texas? The court may award damages to the tenants and order the landlord to make repairs.
Constructive eviction occurs when the tenant does not have full use and possession of its leased premises in accordance with the terms of its lease. For example, the landlord may cause the constructive eviction of a tenant either by: Changing the locks to the leased premises.
Common examples of constructive eviction include the property having no heat in the winter, no electricity or no running water. If constructive eviction is present, the tenant is relieved of his or her duty to pay rent and has no further legal obligations under the lease.
You have the right to live in a home that is in good, habitable condition. This means both your home and the premises, such as a yard, should be safe and in good repair. Your landlord must also keep any common areas in good enough shape for their normal use.
Persons who have complaints against landlords/property owners can file a complaint with the Michigan Attorney General's Consumer Protection Division at 517-373-1140.
Tenants can sue landlords in small claims court for the return of their deposit, up to a dollar amount of $5,500. See Filing a Security Deposit Lawsuit in Michigan Small Claims Court for advice for tenants filing suit.
Michigan landlord tenant laws require landlords to make repairs in timely manner after they are notified of the problem. If a landlord fails to do this, tenants are allowed to use certain options. They may be able to withhold rent or to ?repair and deduct.?
Common examples of constructive eviction include the property having no heat in the winter, no electricity or no running water. If constructive eviction is present, the tenant is relieved of his or her duty to pay rent and has no further legal obligations under the lease.
Lay a complaint with the Rental Housing Tribunal The Tribunal is set up in terms of the Rental Housing Act 1999 No. 50 and states that ?any tenant or landlord or group of tenants or in the prescribed manner lodge a complaint with the Tribunal concerning an unfair practice.?
Sometimes the landlord's failure to repair can make the unit unfit to live in. The landlord's failure to repair may be a breach of the duty to keep the unit in good repair and amount to a 'constructive eviction,' which means you do not have to pay rent.
