Landlord Negligence
What Tenants Need to Know
When you rent a home or apartment in Michigan, your landlord has legal responsibilities to ensure that the property is safe, habitable, and properly maintained. Your landlord’s failure to meet their legal obligations can cause injuries. If another person’s negligence leads to your injury, you have legal grounds to file a claim.
What Is Landlord Negligence?
Landlord negligence occurs when a property owner fails to uphold their legal duties, such as repairing hazardous conditions or complying with health and safety codes. This failure could lead to serious injuries. Common examples of landlord negligence include:
- Broken stairs or railings
- Faulty electrical wiring
- Mold or pest infestations
- Lack of smoke detectors or non-functional smoke detectors
- Unsafe common areas
Michigan Law: Landlord Duties & Tenant Rights
Under MCL 554.139, Michigan landlords are required to:
- Keep rental premises and common areas fit for the use intended.
- Maintain the property in reasonable repair.
- Comply with state and local health and safety laws.
Tenants forfeit these protections if they cause the damage through their own negligence or misconduct.
Additionally, MCL 554.633 prohibits lease agreements from including clauses that waive a landlord’s responsibility for negligent maintenance or safety violations. This means that the landlord cannot include fine print in the rental contract that allows them to avoid liability.
Can Tenants Sue for Landlord Negligence?
In short, yes. You can file a lawsuit if the landlord’s failure to maintain the property causes your injury or financial loss. Under MCL 554.601d, tenants are able to seek:
- Damages for injury or loss
- Up to three times the monthly rent
Steps to Take If You’re Affected
- Document the issue: Take photos, videos, and keep records of communication with your landlord (Please note: you may record phone conversations with your landlord, however you should check your state legislature to identify how many parties’ consents are necessary for recording).
- Report the problem: Notify your landlord in writing and give them a chance to fix the issue.
- Seek medical attention: If you’re injured, you should see a doctor to receive treatment. You should keep all records of medical treatment that results from your injury.
- Consult an Attorney: A personal injury lawyer can help you understand your rights and build a strong case.
Final Thoughts
Landlords in Michigan have a legal duty to provide safe and habitable housing. If they fail to do so, and someone gets hurt as a result, they can be held accountable. Whether you’re a tenant or a property owner, understanding these laws helps protect you and your rights and can help prevent costly legal proceedings.