Q: My tenant moved in and discovered roaches, my responsibility as landlord?
Tenant moved in on Friday, noted roach on Saturday. I delievered baits/bombs that night. I got professional exterminator in to treat following Tuesday. She was so upset, she wanted out of lease which I allowed, but she wanted security deposit before she moved out which i did not allow to prevent her vandalizing after I repay her rent and deposit. She stayed in hotel and believes all her things are ruined. She is threatening to file civil suit so I repay her hotel, cleaning and replacement of ALL her furnishings, food, etc. she feels is ruined. Does she have ant legal basis for such?
A:
As landlord, you have a responsibility under Michigan law to keep a property fit for habitation by humans, which is to say, fit for the property's intended use and in compliance with State health and safety laws. Tenants have the responsibility to exterminate insects that appear if they were not there when they appear. Your tenant notified you promptly of the issue, and you responded quickly to mitigate the issue. Whether a single cockroach makes a property unfit for habitation is a tough argument for her.
You likely did not have any obligation to "let her out of her lease," but, depending upon what you mean when you say that and what written or verbal agreement you reached with the tenant to modify that lease contract, you may have a right to retain that security deposit for damages to the property or for rents under the lease (but, again, depending on what you discussed).
The security deposit remains her property IF she has taken the steps that State law requires a tenant to take (provision of forwarding address within firm timeframe, etc.) in order to be entitled to its return. If so, to retain it, there are specific steps you as landlord need to take that you should discuss with an attorney.
As to her further claim for damages, the question is always whether a party has a legal basis for such a claim. If the lease didn't provide for you to pay such damages, then she will have to prove that acted negligently, caused damage, and all of the other steps required to make a claim in tort.
If her threat gives you cause for concern, contact an attorney to discuss your options.
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