Know Your Rights as a Tenant

Rental Disputes 

Generally, it’s recommended to keep your own ledger where you keep track of rent paid (and get receipts from your landlord). If you and your landlord disagree on rent paid or another part of your lease, consider the following steps: 

  • Review your ledger— if your landlord hasn’t provided one, request one in writing. Emails or written letters are better than texts. 
  • If there are discrepancies you don’t understand, request a meeting (in writing) with your landlord to review together.  
  • If you and your landlord cannot reach an agreement, consider attending mediation (find information about Lakeshore’s Housing Clinic below). 
  • If your landlord sues for non-payment of rent because of a dispute, prepare documentation of rent paid (receipts, account statements, etc.) and retain an attorney. 

Repair Issues 

You have the right to a rental home with functioning heat, hot water, and electricity. Further, your landlord has a responsibility to ensure that your home is secure with working locks, unbroken windows, and without pest infestation. If your rental home has repair issues that your landlord has not addressed, you may want to consider one of the two options below:  

1. Withold Rent

  • Notify your landlord in writing of your repair issue(s). Emails or written letters are better than texts. Keep your own records of communication.
  • Provide a reasonable time to make repairs. One to two weeks is typical for minor issues, 30 days for larger projects.
  • If no repairs are made, notify your landlord in writing again of your intent to withhold rent until the necessary repairs are made. Specify again which repairs are required. See “RENT WITHHOLDING” below.
  • Place withheld rent in an escrow account, which is when a tenant puts their rent money in a third-party, neutral account instead of giving it to their landlord until conditions are met. It must be paid completely and on time to prove that you have the money when needed.
  • Escrow accounts can be made at a bank or a credit union or may be offered by your city of residence. To learn more about an escrow account offered by the city of Pontiac, visit the Building & Safety Office in City Hall:
    • 47450 Woodward Ave. – 1st Floor
      Pontiac, Michigan 48342
  • If your landlord sues you for non-payment of rent, retain an attorney and prepare documentation of repair issues, receipts, and proof of the escrow account.

Or 2. Repair and Deduct

  • Notify your landlord in writing of your repair issue. Emails or written letters are better than texts. 
  • Provide a reasonable time to make repairs. One to two weeks is typical for minor issues, 30 days for larger projects. 
  • If no repairs are made, notify landlord in writing of intent to make repairs yourself. 
  • Hire a reputable contractor/company to make the repairs. 
  • Keep all receipts and documentation of work performed. 
  • Send receipts and documentation to your landlord and explain that you will be withholding the repair cost from your rent. See “RENT WITHHOLDING” below. 
  • If your landlord sues you for non-payment of rent, retain an attorney and prepare documentation of repair issues and receipts. 

Watch the video below to learn more about repair issues in eviction cases: 

Rent Withholding 

  • NOTE: Withholding rent can be grounds for eviction.
  • When you withhold rent, even for a valid reason, there is a risk of an eviction case being filed against you. However, you can argue against an eviction in court by providing documentation of repair issues, proof of rent paid, and/or proof of an escrow account.
  • Any time rent is withheld, you should place the money in an escrow account.
  • To learn more about an escrow account offered by the city of Pontiac, visit the Building & Safety Office in City Hall:
    • 47450 Woodward Ave. – 1st Floor
      Pontiac, Michigan 48342
  • If your landlord sues you for non-payment, retain an attorney and prepare documentation of repair issues and escrow account.

Unable to Pay Rent? 

  • Communicate with your landlord early and often.
  • Propose feasible payment plans. It is recommended to put any payment plan in writing and to be signed by you and your landlord.
  • Be proactive about finding rental assistance. If you plan to receive assistance soon, see if you can obtain a commitment letter to show your landlord.
  • Apply for State Emergency Relief (SER) assistance through the Michigan Department of Health & Human Services (MDHHS). Start the process here.
  • If problems paying rent often arise, consider budgeting or other financial consultation (find information about Lakeshore’s Housing Clinic below).
  • Strive to keep eviction judgments off your record—they impact credit and rental history.

More Information 

For more information and resources about housing issues, check out Michigan Legal Help’s Housing Page.

To contact Lakeshore Legal Aid for legal assistance, call (888) 783-8190 or apply online at lakeshorelegalaid.org.

For more information about Lakeshore’s Housing Clinic in Pontiac, see the flyer below: