Tenant issues with unaddressed repairs and cockroach infestation. Pay rent or deduct repair costs?

Question

I am a tenant renting in Hamtramck, MI, and I'm having issues with my landlord regarding essential repairs. My refrigerator is not working properly, and there is a cockroach infestation in the building. Despite responsive communication, my landlord has been unable to resolve these issues. He has brought in two technicians to check the refrigerator but only attempted temporary fixes, and he ordered child locks for the refrigerator door. Regarding the cockroach issue, my landlord has attempted several treatments using cockroach gel bait himself, but this is only one element intended as part of a broader strategy recommended by professional exterminators. I have documented my communications, although two instances were not written, involving phone calls about water leakage. The necessary repairs would cost me at least $1,200 if handled independently. I have two months left on my lease and expressed concern about paying full rent for an unmaintained unit. My landlord threatened eviction if rent is not paid by today. Should I make my rent payment or pursue deductions for repair costs given these circumstances?

James L. Arrasmith · Answer

In Michigan, tenants are typically required to pay rent as agreed, even if there are unresolved repair issues. However, if the conditions in your rental unit are affecting your health or safety, like the cockroach infestation, you may have the right to take action. You should carefully review your lease agreement to see if there are provisions related to unaddressed repairs or if the landlord has any obligations regarding maintenance and habitability. 
 
If the landlord is failing to make necessary repairs, such as fixing the refrigerator and addressing the cockroach infestation, you may be able to withhold rent or take steps to deduct repair costs in certain circumstances. Michigan law allows tenants to withhold rent if the landlord fails to maintain the property in a habitable condition. However, this typically requires that the tenant give notice and allow the landlord a reasonable amount of time to make repairs before withholding rent. 
 
Given that your landlord has been responsive but has not fully resolved the issues, you should consider paying rent under protest while documenting the ongoing problems. You can send a formal letter to the landlord stating that the issues remain unresolved and that you plan to pursue legal remedies for repair costs. It’s important to consult with a local attorney or tenant rights organization to understand your options and ensure you are following the proper legal procedures.

Q: Tenant issues with unaddressed repairs and cockroach infestation. Pay rent or deduct repair costs?