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  1. #1
    Join Date
    Sep 2010
    Location
    Grand Rapids
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    48

    Default What are the Landlord's Rights to Repair and Show a Home Still Occupied by Tenants

    My question involves landlord-tenant law in the State of: Michigan

    I understand that landlords have a right to enter a property with 24 hours notice for repairs, showing the property, etc. But there is also a right to quiet enjoyment by the tenant, and I'm wondering where the balance is between these two clauses.

    My situation: The house I'm living in is being sold the by the landlord. Fine. They want to set up times to show the property to prospective buyers. Fine. They also want to come in and make some repairs, Fine. But here's the thing.... the repairs they are making are something they were first notified of 1 1/2 years ago (water leaking into basement). They didn't feel they were important enough to fix at the time, apparently. Now that they are trying to sell the house, they suddenly want to fix it. So now, last week, there were 4 days that I had to let people in. Two days for repairs, two days for showings... all in the morning, and I work nights, so 9am is very early for me. This week, they want to come over 2 more days to finish the repairs. So my question is, isn't this excessive to ask of the landlord? 4 days out of week last week, 2 days this week. Also, if the landlord is coming in to make repairs to something he has known about for a year and a half, are the repairs really necessary? Also, he is required to give 24 hours notice... one day last week he left a note on my door saying that there would be people coming for repairs at 9am the next day. I didn't receive the notice until 1am when I got home. I didn't answer the door at 9am, and they showed up again at noon asking to come in. Is any of this bordering on interfering with my quiet enjoyment?

    I'm pretty sure I'm just screwed here, just wondering at what point repairs and showings are considered excessive.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: What are the Landlord's Rights to Repair and Show a Home Still Occupied by Tenant

    I know you don't want to hear this, and I understand why you want to be present, but you don't have to be present during showings or when contractors come to the home to perform repairs.

    Michigan does not have a statute that specifically addresses this issue. In the absence of an emergency, a landlord must give you reasonable notice of entry, which is often interpreted to mean at least 24 hours when feasible. If you are present and agree to the entry, notice is not required.

  3. #3
    Join Date
    Jan 2008
    Posts
    252

    Default Re: What are the Landlord's Rights to Repair and Show a Home Still Occupied by Tenant

    Any type of water leak could be considered an emergency, especially if the leak can cause additional damages. As such no notice would be required.

  4. #4
    Join Date
    Sep 2010
    Location
    Grand Rapids
    Posts
    48

    Default Re: What are the Landlord's Rights to Repair and Show a Home Still Occupied by Tenant

    1. I know I don't have to be here, but they keep coming over at times that im uaually sleeping.. Can someone really wait a year and a half to make a repair and then claim it's an emergency?

    I know they have a right to access, but there are also cases where it can be deemed excessive, like unnecessary repairs, improper notice, etc.

  5. #5
    Join Date
    Jan 2008
    Posts
    252

    Default Re: What are the Landlord's Rights to Repair and Show a Home Still Occupied by Tenant

    Quote Quoting bluecollaraddict
    View Post
    1. I know I don't have to be here, but they keep coming over at times that im uaually sleeping.. Can someone really wait a year and a half to make a repair and then claim it's an emergency?

    I know they have a right to access, but there are also cases where it can be deemed excessive, like unnecessary repairs, improper notice, etc.

    I doubt that you can argue that a water leak is a "unnecessary repair".

  6. #6
    Join Date
    Sep 2005
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    98,846

    Default Re: What are the Landlord's Rights to Repair and Show a Home Still Occupied by Tenant

    Quote Quoting bluecollaraddict
    View Post
    1. I know I don't have to be here, but they keep coming over at times that im uaually sleeping.. Can someone really wait a year and a half to make a repair and then claim it's an emergency?
    Who is claiming that it is an emergency? You were given advance notice of the intent to repair and, on the one occasion you describe where the notice appears to have been less than 24 hours, you chose to let the contractors in.

  7. #7
    Join Date
    Sep 2010
    Location
    Grand Rapids
    Posts
    48

    Default Re: What are the Landlord's Rights to Repair and Show a Home Still Occupied by Tenant

    Lill mentioned it being an emergency. I know its not an emergency... its a small leak into an unfinished basement that runs directly into a drain. My point is, if the repair is necessary why did it take a year and a half? If the repair is unnecessary, is it excessive to access to the unit 6 times in 2 weeks? They're only doing it now because they're trying to sell the house. Ive been forced to wake up early 6 times to let strangers in for what is probably an unnecessary repair.

    None of this has answered my question... which was where landlord's right to access interferes with the tenants right to quiet enjoyment. That's what the title of my post was, and it was changed from that to the current topic, which I was NOT asking. I know a LL has rights to enter/show a unit that is occupied. But that right is not unlimited. A LL who comes in for repairs every single day for a year would probably be in violation of the lease, right? So there IS a point at which a LL's entry can be deemed excessive, right? My question is about where that line is. Good thing my title was changed to a completely different question that I didn't ask.

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