
Quoting
Jennisam223
My question involves landlord-tenant law in the State of: Michigan
3 bedroom single family home, tenants on month to month lease.
We purchased this home exactly 1 year ago this month and these tenants are the first to occupy it since we purchased it. In the past year we have had no complaints from this tenant. They’ve paid every month and are frequently late but they always pay by date they negotiate with us.
This home has a partially finished basement with a pretty nice bathroom but was not advertised as a bedroom. However, these tenants do not use any of the 3 bedrooms upstairs and they use the basement as the bedroom for themselves and 3 month old baby.
In January 2016, the tenants called saying the basement bathroom toilet was backing up and leaked on the floor. We thought it was a clog and called a drain company. They told us it wasn’t a clog and we learned that the bathroom operated on an up-flush system and the pump was bad. So we called a full service plumbing company who confirmed that a feminine product jammed up the pump and it needed to be replaced. They gave us a quote and started the work the next day. ½ way through the job the plumber called and said he didn’t feel comfortable finishing the job because he didn’t think that was a correct and permanent fix. Yes, this was the same plumber who diagnosed the problem so not sure why he didn’t discover that before he started. Anyway, he suggested we do a complete tear out and run piping under the concrete instead. Because the cost of the new plan increased by 5x’s the original amount and was now $5,600, we filed an insurance claim. It took some time but the claims has now been approved and we are just waiting for the checks. But because this has taken some time, we agreed to reduce the rent because they cannot use the bathroom.
Fast forward to February 1st, tenants call and say rent will be late and they feel we should reduce the rent because of the basement bathroom issue. We agree and make an offer but we get no response from them. Then all hell breaks loose…
Monday (1/6/17) the tenant called saying water was dripping down the 4’ pipe from the upstairs toilet to the basement. Called the plumber that same day, all fixed. Wax ring needed to be replaced.
Yesterday (1/7/17), the tenants called again saying the sump pump was overflowing. Called plumber again, the sump pump is now fixed as well. Somehow it was not secured so when it turns on, it would bump against the side of the pipe/drain (not sure what it’s called) and would turn itself off.
For the 1st time in our 7 years of being a landlord, we put the tenants in a hotel last night because they were so irate that their 3 month old was sleeping in a wet basement, I was just tired of fighting and I hoped this gesture would allow for some productive negotiations. But looking back, I am not sure this was required or a good idea considering the basement is not a bedroom. They are adamant that they should not have to pay any of February rent because now they claim that water leaks have been an issue since they moved in but they never told us because they didn’t want to bother us. 7 day notice has already been sent so I have that covered but I’m a little torn here. We would like to negotiate their swift departure. I assume they want to move and don’t have the money to pay rent and move, so now the house is “unfit for occupancy and their buddy is who is licensed is going to red tag it for them”, all the usual threats that make no sense. My position is that they should definitely pay at least ½ of the rent but I’m considering waiving all the rent if they are out by the end of February. This would allow us to complete the basement bathroom demo without having to schedule with the tenant and we wouldn’t be pressured into hotel stays because their “bedroom” would be a construction area.
I am used to handling issues with our homes but considering there were so many in such a short span, maybe I should be more sympathetic but I suspect they’ll accept not paying February rent and then continue to push for more. The tenant is the classic of bully, he hovers, interrupts and attempts to hijack meetings with plumbers or contractors. I make it a point to have all discussions outside and that just makes them more upset. So it’s time to end this tenancy.
I appreciate any feedback from others on how this could have been handled differently or what others have done in similar situations.