Tenant Law in Michigan

Relations between tenants and landlords in Gibraltar, Michigan can sometimes be touchy. The fact is that it's not easy to be a landlord or a tenant, especially because landlords and tenants often don't understand the legal rights and responsibilities that apply to them.

Landlords and tenants have to navigate a web of legal rights and obligations. It's essential that the parties to a landlord/tenant relationship know what obligations they have to one another.

Landlord's Rights in Gibraltar, MI

Landlords are, of course, entitled to collect rent from their tenants. If a tenant fails to pay the agreed-upon rent, the landlord is normally able to evict the tenant without too much trouble, though the process can sometimes get fairly complicated.

Landlords also have a right to be free from damage to the rented unit. Tenants are expected not to damage their dwellings, intentionally or negligently. Landlords can deduct the cost of repairs from the tenant's security deposit. In general, tenants are not responsible for damage resulting from ordinary wear and tear.

Tenant's Rights in Gibraltar, MI

The most basic right of a tenant is the right to a living space that's fit for human habitation. This is, after all, what they're paying the landlord to provide. Landlords in Gibraltar, Michigan are under a legal duty to make sure that their apartments are habitable. There are many factors that are considered in determining if an unit is habitable or not, but, generally, an unit will not be deemed habitable if it lacks any of the following: running water, electricity, heat, and protection from the elements (such as proper insulation, and windows that close).

In addition to habitable living spaces, tenants also have a right to reasonably safe common areas. Common areas include lobbies, hallways, and stairwells - basically anything that everyone living in an apartment complex has access to. These common areas must meet the building standards of Gibraltar, Michigan, and must not contain any unnecessary safety hazards.

Under the laws of Michigan, and the United States, discrimination in housing on the basis of race, religion, or gender is strictly prohibited. Moreover, under the Americans with Disabilities Act, landlords must not discriminate against renters on the basis of any physical disability. They also have to permit the renter to make reasonable modifications to their apartment, to make it more accessible. Generally, landlords are only required to allow relatively minor and reversible modifications, and tenants cannot compel them to remodel the building, for example. Also, once the tenant leaves, the landlord can bill the tenant for the costs of restoring the apartment to its original condition.

And finally, most state laws prevent landlords from arbitrarily evicting tenants. If the lease agreement is for a set period of time, the landlord usually can't evict the tenant until the lease expires, without a good reason. Valid causes for eviction include unpaid rent, illegal activities on the property, damage to the building caused by the tenant, and excessive noise.

Can a Gibraltar, Michigan Landlord/Tenant Lawyer Help?

Tenants and landlords always want to avoid getting into any serious disputes - these disputes interfere with the tenant's living arrangement, and the landlord's business. In short, they help nobody. While a good Gibraltar, Michigan attorney can certainly help his or her client prevail in such a dispute, they may be more valuable for their ability to help prevent such disputes from escalating in the first place.