Landlord tenant law in MI and destruction of tenant property?

by **freedom97** » Tue Jul 10, 2012 7:46 am

My friend has an issue with his landlord. It was discovered that he had a 110 outlet on a 220 line. This issue caused him to destroy his property. (air conditioner and vacuum cleaner) The issue with the plug has since been addressed and repaired by management, Is the landlord legally responsible for the replacement costs of the tenants property? If so, what recourse does he have? My friend has withheld rent monies until this is resolved. Any advice would be greatly appreciated!

by **jabin20** » Tue Jul 10, 2012 7:52 am

It matters what is on the lease but none of this is perminate damage so they might get to keep the security deposite and if you go to small claims court (unlikely) don't use answers as a resource It will make you look lazy.

by **rumford** » Tue Jul 10, 2012 7:53 am

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by **ricard83** » Tue Jul 10, 2012 7:58 am

Withholding rent money without the court's permission is generally a good way to get evicted. And if he is living in subsidized housing, that eviction will keep him from being eligible for it, so he had best be paying the rent until this gets settled. Now, I am not aware that there is necessarily a difference between a 110 and 220 outlet. Was he told that the line was 220? If so, there is no negligence on the landlord's part, and the cost of replacing the items is up to your friend. If he wasn't, then there may be some responsibility on the landlord's part, but it will be the depreciated cost of the item. For the vacuum, that may be down as low as $5-25. The AC unit is trickier. Did he have the landlord's permission to install it? If so, then he may be able to get the depreciated amount. If he didn't, then your friend is probably going to be responsible for replacing the AC, and potentially for the cost of fixing the outlet.

On the other hand, this is subsidized housing, and they have their own rules, so you may want to see if you can find a free initial consultation with a lawyer.

by **tonibraxton** » Tue Jul 10, 2012 8:01 am

Advice: DO NOT WITHHOLD RENT. That will only get the person evicted. The damage of property is entirely a separate issue that has no bearing on his rent.

His recourse is to sue the LL in small claims for the value of the objects. Or have his renter's isurance pay for it.

by **hawiovi** » Tue Jul 10, 2012 8:16 am

Sounds to me like your friend caused the damage so he is lucky the landlord didnt charge him for that. Your friend may be able to take action in a small claims court but as others said, he cannot withhold rent for that reason because of this dispute about who is responsible for damage.

He will be evicted from subsidized housing and forfeit any rights to further rent a subsidized apartment. He is treading on dangerous ground here.

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