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  1. #1
    Join Date
    Sep 2005
    Posts
    3

    Default Going To Court With Our Landlord

    OK, we are going to court with our previous landlord on Tuesday. We live in Michigan and rented a single family home from him. We were the first renters in this home and moved into the home in December of 2004. First rainfall of June, we got SEVERAL laeks through the basement. Much to my amazement, once the landlord finally called me back on this, he informed me those are leaks he had had for 15-20 years and he just mopped them up. This property is zoned commercial so he said he is refusing to put any money into it because he is just holding onto it until he could get it sold. He stated a few years back it got bad enough for someone to come out and give him an estimate on the repairs but it was $3000 and way too much so he just dealt with it. We also found 2 area of mold, two large 12' caracks in the walls, ect ect ect. Our personal belongings (speaker and entertainment cabinet were ruined) we got the health department involved. The thing is, the landlord suggested if we did not like the living conditions we should move. We did and now he is with holding security deposit for us breaking the lease.

    We have witnesses, pictures, messages left on our answering machine, phone bills, letters that he signed he received, ect. We even have pictures of snakes crawling out of one of the cracks in the foundation.

    Question is: We are going to use this a constructive eviction. Will that hold up in court do you think with all of these circumstances.

    Since he with held our security deposit, we are asking for the return of it and also for loss of use for the month until we left and could not use the basement. :? :P

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Bad Premises

    If the property is zoned commercial, is it even permitted for him to be renting residential premises on the property? Or is it a mixed use zoning, such that both commercial and residential use are permitted?

    It sounds like you would want to bring a counter-claim for a rent abatement (requesting that the court order a refund of a percentage of your rent from the time these problems appeared), as well as your claim for constructive eviction, and a claim for improper withholding of the damage deposit.

  3. #3
    Join Date
    Sep 2005
    Posts
    3

    Default

    It must be mixed because I contacted the township to make sure they were aware it was being rented and they were. I will let you know tommorow how it went. Court is in the am tomorrow and I am glad to get it over with.

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