Re: basement drain backup = no rent? - Landlord Forum thread 345130

Re: basement drain backup = no rent? by Katiekate (New York) on May 23, 2016 @18:27

There is simply no way that this repair is cause for them to hold up the rent.

So long as you get that drain opened quicky each time it clogs.. They have no legal leg to stand on.

Even if they had a legit reason (which this isn't) they must put the rent into escrow account and provide to you proof that they did, and proof that the account is held in both names (yours and theirs) so that they cannot just close it and grab the money.

But, this isn't a case that warrants that action.

Now, obviously you want this really fixed long term. It is going to get real pricey to keep paying roto rooter every couple weeks.

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Re: basement drain backup = no rent? by anon on May 23, 2016 @19:07	[ Reply ]

Sounds like you are giving legal advice and bad advice at that. Apparently a tenant can withhold rent in Michigan for habitable problems. They do not have to prove to the landlord nor have any account in both names as you stated. If the main drain has collapsed and needs repair and the landlord has not responded quickly to apply a perment fix, a lawyer might easily prove that the landlord is negligence in promptly repairing not only a habitable problem but a code violation. Here is a landlord who is more concerned over blaming the tenants then inspecting and preventing damage to their rental property. Landlord is wrong-tenant is right.

Re: basement drain backup = no rent? by California Native on May 24, 2016 @01:57	[ Reply ]

The tenants can't shower or wash clothes without flooding the basement and you say that it's not a reason for tenant to withhold rent? It's not a legit reason? A judge would surely think so along with the tenants lawyer. Some of us have a little more respect for our tenants then you appear to have. Yes, you are giving legal advice, bad legal advice at that! Are you practicing without a license?