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Some background. We have rented a single family home for 3 years (2 2-year leases.) Our landlord has been somewhat hands-off as far as repairs go. He has had someone repair major problems such as replacing a hot water heater and washer, but has not repaired several minor problems at all. The over-the-range microwave has been broken for 1 1/2 years. At the time it broke, he said "We'll eventually fix it, but it's not on our list of priorities." A ceiling fan ceased working around the same time. We informed him during the one inspection he did, but he never replaced it. He is renting the home only because he is underwater on the mortgage and it was necessary for him to move some distance away several years ago. We have empathy for his situation, it's got to be a pain. However, we also want to protect ourselves and do things legally.
1. Our lease states "Any repairs costing less than $50.00 shall be paid by the TENANT(S). All repairs over $50.00 must be approved in writing by the LANDLORD if the TENANT(S) elects to do the repairs." The landlord had us pay $50 for having the main drain below the house snaked, even though the total charge was nearly $200. We did pay that. However, don't want to pay $50 for every repair. He may have asked for that because he thinks it was something we were responsible for? The plumber said the main drain (from the basement floor to the street) is very old and was full of debris. My understanding was that it has to be snaked periodically. Is this from our normal household use and if so, does that make it our responsibility as part of maintaining the home, or is it a repair as it causes flooding in the sinks and basement? Also, I want to make sure I'm correct in my understanding of "repairs UNDER $50." That does not mean the first $50 of any repair, correct?
2. We clean the gutters of the house. The lease does not specifically state home maintenance in the clause about the outside. It does state we are required to maintain the houe according to all government regulations, and in a neat and orderly manner. However, some debris has collected on the roof itself, and we are unable to dislodge it from the ladder. We have tried water from the hose, and a telescoping scrub brush. This will likely require getting on the roof, which we don't want to do for safety reasons, or a professional service. Do we have to pay someone to do this, or would this be the landlord's responsibility?
3. We share a fence with neighbors on three sides. On the rear fence, the neighbors shrubs have been growing through the fence for some time. They were like that when we moved in, but we (stupidly, but honestly) didn't realize we should trim. I know. Our bad, we've never lived in a house before. The point is, the landlord was over to repair the front steps while we were absent. He cut down one small tree (again, growing before we moved in) and texted us that more trimming needed to be done. We thought he meant we were to do it, now I am not sure. At any rate, we said we would do it, but when we got home and realized the extent of it, we now don't think we're responsible. We did trim back as much growth as we could with an electric hedge trimmer. Our lease states that we're responsible for yard maintenance, but since the heaviest growth precedes our residence, do we have to pay to have it done, or does the landlord?
4. The same day the landlord cut down the tree, he also used our electric trimmer to whack the edges of the back lawn down to the dirt. We trim regularly, but we are not that ferocious about it. Anyway, I think he was angry about having to be here - as I said, he is a reluctant landlord. When we returned, we noticed that the thermostat wire to the A/C was damaged. The outer case and inner coverings are torn up, exposing the wire. We didn't say anything immediately, because I researched and it is an easy fix with electrical tape. We have the expertise to do the repair. However, now I am worried that if we repair it that way, he will claim it was our damage and charge us to replace the wire completely. We normally do many routine repairs, and don't notify the landlord every time. Should we begin notifying him of every small repair before we do it? How should we handle this A/C damage, since we didn't notify him immediately? I think he will say we did the damage while trimming, but we hand trim around the A/C, so I know it wasn't us.
5. At this point, can we bring up the microwave and ceiling fan again? Are these items which should be repaired, or can a landlord allow things to go unrepaired if they are not major items? Are we responsible for replacement if we did not damage the fixture, it just broke? We would be willing to pay half the cost of the replacement of both, but I only want to offer that if he is under no obligation to repair them.
6. I can't find the portion of the Michigan Landlord-Tenant act that applies to repairs. However, a consumer guidebook regarding landlord tenant law just says to "notify the landlord." We have until now used phone and text to communicate. However, I'd like to begin keeping more detailed records, including written notifications. Are there any recommendations for how to begin doing this without offending or angering the landlord? I would like to keep as pleasant a relationship as possible, but his recent actions indicate that he may not be as trustworthy as it appeared during our first year living here.
I hope I was clear and that it's okay to post multiple issues. I appreciate input for any of the situations you have knowledge about. Thank you.
First, you need to report all needed repairs IN WRITING. So far as I know, there is no "government regulation" for maintaining a house which you claim is in the lease. The $50 or less repairs mean if the repair will cost $50 or less, not the first $50 of all repairs, except that the landlord may believe that is what it means. However, if that's the actual wording, then it's clear to me what it will be interpreted by if you should need to see a lawyer or go to court.
Your LL is a ninny. With that in mind, make sure any responses to your requests for repairs are in writing as your requests need to be. I see issues down the line so go out of your way to protect yourself.
Some background. We have rented a single family home for 3 years (2 2-year leases.) Our landlord has been somewhat hands-off as far as repairs go. He has had someone repair major problems such as replacing a hot water heater and washer, but has not repaired several minor problems at all. The over-the-range microwave has been broken for 1 1/2 years. At the time it broke, he said "We'll eventually fix it, but it's not on our list of priorities." A ceiling fan ceased working around the same time. We informed him during the one inspection he did, but he never replaced it. He is renting the home only because he is underwater on the mortgage and it was necessary for him to move some distance away several years ago. We have empathy for his situation, it's got to be a pain. However, we also want to protect ourselves and do things legally.
1. Our lease states "Any repairs costing less than $50.00 shall be paid by the TENANT(S). All repairs over $50.00 must be approved in writing by the LANDLORD if the TENANT(S) elects to do the repairs." The landlord had us pay $50 for having the main drain below the house snaked, even though the total charge was nearly $200. We did pay that. However, don't want to pay $50 for every repair. He may have asked for that because he thinks it was something we were responsible for? The plumber said the main drain (from the basement floor to the street) is very old and was full of debris. My understanding was that it has to be snaked periodically. Is this from our normal household use and if so, does that make it our responsibility as part of maintaining the home, or is it a repair as it causes flooding in the sinks and basement? Also, I want to make sure I'm correct in my understanding of "repairs UNDER $50." That does not mean the first $50 of any repair, correct?
No that should not mean you pay for the first $50 of any repair. Landlord should pay for every repair that costs more than $50. If the sewer is in good condition but backed up due to your flushing too much stuff down it at once, that would be your responsibility. But if it is broken or backing up because of tree roots growing into it, I would consider that the landlords responsibility.
2. We clean the gutters of the house. The lease does not specifically state home maintenance in the clause about the outside. It does state we are required to maintain the houe according to all government regulations, and in a neat and orderly manner. However, some debris has collected on the roof itself, and we are unable to dislodge it from the ladder. We have tried water from the hose, and a telescoping scrub brush. This will likely require getting on the roof, which we don't want to do for safety reasons, or a professional service. Do we have to pay someone to do this, or would this be the landlord's responsibility?
Home maintenance of the structure is usually the landlords responsibility. Yard maintenance is usually the tenant's responsibility. I consider cleaning out the rain gutters, edging the yard and pruning plants to be yard work, the tenant's responsibility.
3. We share a fence with neighbors on three sides. On the rear fence, the neighbors shrubs have been growing through the fence for some time. They were like that when we moved in, but we (stupidly, but honestly) didn't realize we should trim. I know. Our bad, we've never lived in a house before. The point is, the landlord was over to repair the front steps while we were absent. He cut down one small tree (again, growing before we moved in) and texted us that more trimming needed to be done. We thought he meant we were to do it, now I am not sure. At any rate, we said we would do it, but when we got home and realized the extent of it, we now don't think we're responsible. We did trim back as much growth as we could with an electric hedge trimmer. Our lease states that we're responsible for yard maintenance, but since the heaviest growth precedes our residence, do we have to pay to have it done, or does the landlord?
You have lived there 3 years and now want to contend that the heaviest growth precedes your residence. You should have spoken when you moved in if you did not consider the pruning at that point to be adequate. Now, 3 years later, unless you have dated photos to prove otherwise, I consider it your responsibility to do the necessary pruning.
4. The same day the landlord cut down the tree, he also used our electric trimmer to whack the edges of the back lawn down to the dirt. We trim regularly, but we are not that ferocious about it. Anyway, I think he was angry about having to be here - as I said, he is a reluctant landlord. When we returned, we noticed that the thermostat wire to the A/C was damaged. The outer case and inner coverings are torn up, exposing the wire. We didn't say anything immediately, because I researched and it is an easy fix with electrical tape. We have the expertise to do the repair. However, now I am worried that if we repair it that way, he will claim it was our damage and charge us to replace the wire completely. We normally do many routine repairs, and don't notify the landlord every time. Should we begin notifying him of every small repair before we do it? How should we handle this A/C damage, since we didn't notify him immediately? I think he will say we did the damage while trimming, but we hand trim around the A/C, so I know it wasn't us.
If you are certain that he damaged them, then notify the landlord in writing immediately that it appears he damaged the wires while using the electric trimmer.
5. At this point, can we bring up the microwave and ceiling fan again? Are these items which should be repaired, or can a landlord allow things to go unrepaired if they are not major items? Are we responsible for replacement if we did not damage the fixture, it just broke? We would be willing to pay half the cost of the replacement of both, but I only want to offer that if he is under no obligation to repair them.
Yes, bring them up again. You are responsible for repairs under $50, get a repairman to come out and advise you what the repair will cost, make it clear that any repair over $50 has to be authorized by the landlord. Then do what your lease requires if it is over $50, notify in writing and insist the landlord take care of it.
6. I can't find the portion of the Michigan Landlord-Tenant act that applies to repairs. However, a consumer guidebook regarding landlord tenant law just says to "notify the landlord." We have until now used phone and text to communicate. However, I'd like to begin keeping more detailed records, including written notifications. Are there any recommendations for how to begin doing this without offending or angering the landlord? I would like to keep as pleasant a relationship as possible, but his recent actions indicate that he may not be as trustworthy as it appeared during our first year living here.
Don't worry about it, just be polite and professional, start making all notifications in writing and keep records of it.
I hope I was clear and that it's okay to post multiple issues. I appreciate input for any of the situations you have knowledge about. Thank you.
Why not simply ask the LL how he is interpreting those clauses, since that may ultimately be more important than what the lease says. I'm not saying that his interpretation will take legal precedence over the lease, but, it's not going to be practical for you to 'go to court' over every repair.
My suspicion is that he doesn't want to get 'nickel and dime-d to death' over every small, incidental repair that some renters may think is critical to their happiness. (I've offered a $50 rent deduction if renters will take care of incidental repairs ... which is about the same thing).
If he is actually expecting you to pay the first $50 of every legitimate repair (I doubt this), then you should provide a one-time list of all the repairs that need to be made and ask him to provide a one-time handyman who will come-in and make all of the repairs (for which you will pay a one-time $50 fee). I'll bet that will quickly bring future clarity to the situation!
The main issue seems to be that your landlord doesn't want the responsibility and hassle of being a landlord. I would suggest that you make a detailed list of the things that need to be repaired in the house. Provided that you're up to it, suggest to him that you will take care of those issues if you can deduct the cost of the repairs from your rent (perhaps with a maximum amount for each month). This way he doesn't have the bother, you can get the needed items repaired, and he will benefit from better upkeep of the house...which will help him when he eventually tries to sell.
To be safe, I would recommend that all of your correspondence be through email. That way, you'll have a written account of your agreements. A written agreement should override any lease provision to the contrary.
The main issue seems to be that your landlord doesn't want the responsibility and hassle of being a landlord. I would suggest that you make a detailed list of the things that need to be repaired in the house. Provided that you're up to it, suggest to him that you will take care of those issues if you can deduct the cost of the repairs from your rent (perhaps with a maximum amount for each month). This way he doesn't have the bother, you can get the needed items repaired, and he will benefit from better upkeep of the house...which will help him when he eventually tries to sell.
To be safe, I would recommend that all of your correspondence be through email. That way, you'll have a written account of your agreements. A written agreement should override any lease provision to the contrary.
This. My bathtub need repair and LL didn't think it was a pressing issue. We finally asked if we could pay for it and deduct it from that months rent. Some people just don't want to hassle of taking care of a home and you can either find a better place or try to negotiate with him.
I appreciate the comments from everyone. We do have pictures of the bushes on the back fence, so we have some trimming to do, but we won't assume the responsibility for the whole thing, since they were already quite overgrown. We'll be clearing the roof of debris ourselves, or we'll hire a professional.
We'll be bringing up all of the repairs tomorrow on the phone and following up with a certified letter. We will offer to have the repairs done by a professional at our expense, and then deduct it from the rent. (As suggested, a set amount each month.)
I think that has us covered; we will have to be more diligent in our communications and documentation. I really appreciate that I wasn't ignored as a first-timer. I know it's sometimes not worth the trouble to respond to someone who may never return. Thanks to all.
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