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Updated about 3 years ago, 10/13/2021
Landlord Retaliation in Michigan?
Hello there,
I'm in Michigan with a Section 8/Hud Vash tenant who has 3 more months on an initial lease.
Inherited a house from my mother 11 years ago and jumped in after researching landlord/tenant laws in Mich, but admit I make some stupid mistakes and learning from them as I go. About 8 months in, she complained about power issues in the house: "low power in some rooms, too much power in others, flickering lights, etc. I also work 9-5 so I sent a contractor in (without me present (I know, mistake, but he sent me pics) who said there was 6 wet/corroded breakers due to water entering the box. Repairs were invoiced/ completed, then 4 days later I received a notice from sec 8 inspector that said that there were power surges all over the house: when she turns on basement stairwell lights, the stove power goes out and when turning on hallway light, the fan goes out in the bedroom, with 30 days to repair. Went back over there with contractor and none of those issued were happening. Inspector returns in 30 days and i passed, but I also wasnt allowed to present on this one.. She calls again a few days later saying power is still "wacky", low in the kitchen and she can only plug and use appliances one at a time. Told her to call the electric company as the electrician did mention that it could be a "floating neutral" whatever that means, otherwise I told her shes free to break the lease. Admit I made mistake again not being present when energy company showed up but they never give you exact time, and I assume there was no issues on their end because the tenant said nothing. Section 8 case manager emails me a mutual lease termination form. I signed, sent it back along with the required notice to quit termination of lease. 3rd mistake: not having her sign it first. She never signed and then called the city inspector because I received call from a city inspector saying that the property is not registered as a rental and also that the tenant showed him a video of appliances shutting off and the panel is only 60 amps with no main breaker. Previous tenants of 6 years never complained about any power issues and growing up in the house and mother owned it 30 Year's never did either.
So i know made plenty mistakes here, but her lease will also be terminating in 3 months. My concern is that there is a MI law that states that if an eviction or non renewal of lease is initiated within 90 days of tenant contacting an inspector it will be presumed that the eviction/non renewal is an act of retaliation, but after 90 days the tenant will have the burden of proof. Would you non renew the lease with section at the risk of tenant claiming retaliation? Or go mtm and try to terminate later. I was going to use the good cause reason that I would be removing the property from the market for renovations/upgrades, which is what I also told city inspector for why I haven't and won't be registering the property with the city. The tenant is a veteran (Hud Vash) program and has mental health issues also. Thanks for reading if you read this far and appreciate any responses.