Landlords vs. tenants, find a happy medium

By Katie Havrelock
Western Herald

Some people in the Kalamazoo area have experienced tenant or landlord problems but what exactly are the rights both tenant and landlord hold?

In concerning maintenance of the building, the landlords hold responsibilities to provide the tenants with a clean place to live.

"A landlord has statutory duties set forth in MCL 554.139(1)(a) to keep premises and common areas 'fit for the use intended by the parties' and also has a duty set forth in MCL 554.139(1)(b) to 'keep the premises in reasonable repair," an attorney at Willis Law, said. "If a landlord fails to keep the premises in reasonable repair this constitutes a breach of the lease agreement"

One Kalamazoo resident said she experienced numerous problems concerning mold in an apartment complex over the summer.

"Where to begin, there was mold which attracted bugs and it was just disgusting. We would have the worst allergies but everything would be normal as soon as we left the place. We couldn't breathe, we would sneeze a lot," tenant Marisa Dinkel said.

The landlords denied any mold problems, Dinkel said.

"They told us we were delusional even though I was in the hospital [for the allergies]," Dinkel said.

Dinkel is living in a different complex now but is again having difficulty with multiple repairs needed on the premises.

"Before we moved in we were promised a security system and it wasn't here. They only handed us four out of six keys. We demanded a new doorknob and we have yet to get it. They replaced it with a temporary one and they said they'd be back in two days and it's been over a month," Dinkel said.

There are also blinds missing in the living room showing who is home, a basement screen is ripped open, and one of the doorknobs in the apartment complex is missing, all of these things have yet to be fixed, Dinkel said.

There are numerous things a tenant can do if a landlord refuses to fix repairs.

"First, try and communicate your legitimate concerns to the landlord. You should document in writing what the necessary repairs or health or sanitary concerns are and request the landlord to repair and remind the landlord of their statutory duties to do so," the attorney said. "You should send the letter to the landlord and always keep a copy of the letter for your records. If a landlord is unresponsive, you may want to consult an attorney."

Dinkel's landlords have been unresponsive for the most part, Dinkel said.

"They don't like to talk [on the phone], they don't like to answer," Dinkel said.

"If they don't come [to fix everything] then were going to withhold payment on our rent because they take it out automatically and they can take that money out on time but they can't fix anything we've had problems with," Jodie Eckl, one of Dinkel's roommates, said.

Landlords failing to provide necessary repairs are one of the most common complaints from tenants in the Kalamazoo area.

Many tenants do not understand that they have certain protections, the attorney said.

They have certain protections based in Michigan law when a landlord fails to keep the premises in reasonable repair and in habitual condition.

"Also, if they are being sued for eviction, they potentially have defenses available to them, including potential protections under the Michigan Consumer Protection Act. Most importantly, if a tenant is being sued for eviction the best defense is payment. In general, paying the money owed will stop the eviction proceeding dead in its tracks," the attorney said.