Q: the well in the house i am renting has went dry and i am wanting to know what my rights are
the landlord has been informed and says she is working on it. my question is, do i have to pay rent for the days the house is considered uninhabitable and can i deduct the cost of the water i am having to purchase from the rent? i have been without water for more than a week and my landlord has not offered to provide my with water. i can not even take care of my basic needs such as showering,proper cleaning or laundry. what are my rights?? please help
A:
There is an implied warranty of habitability which includes (in MI) heat and water when you are talking about residential housing. TALK to your landlord about this as they will likely be willing to work with you rather than playing the 'rights' card immediately. If they will for example, pay for, or rebate your rent so YOU can afford to pay for an appropriate temporary rental/laundry/bottled water, you're going to get what you would if you insisted on your 'rights' immediately instead of talking anyway.
If the landlord refuses to fix things in a timely manner (but don't get impatient here! Remember -- it is going to take longer given the weather we're having now.) or refuses to voluntarily make an adjustment, you can withhold rent IF YOU DO IT PROPERLY and / or take the landlord to small claims court if it comes to that. IDEALLY it won't come to that though! If you do feel like you're going to have to take 'drastic' steps like withholding rent, please consult with a local landlord/tenant attorney first as there are WRONG ways to do this that will come back to bite you.
--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!
David Soble agrees with this answer
1 user found this answer helpful
A: I agree with Mr. Zichi, however, considering the current weather, if your landlord will not make appropriate accommodations for water or if he refuses to even acknowledge the problem, then the LL has breached the lease by breaching the Warranty of Habitability. At the very least, deposit your rent into the bank escrow account.
1 user found this answer helpful
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