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[–] 41 points 1 year ago* (3 children)

Uhm, cool, but ...

Rent isn't due every 48 hours.

So, the landlord can effectively wait a month.

When you withhold rent, you do so until the terms are met, then you pay what's owed. It isn't a discount, it's an incentive.

(e.g., the toilet is not functional. Okay. Rent is $2k, but I am renting a place with a bathroom, and I don't have that. Get me my bathroom and I'll get you your $2k.)

So... I don't get it. You cannot enforce 48 hours unless the repair is requested less than 48 hours before rent is due.

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  • [–] 52 points 1 year ago (2 children)

    It also allows tenants to make arrangements themselves to get the issue repaired after the 48 hours and deduct it from rent.

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  • [–] 11 points 1 year ago (3 children)

    That sounds like the landlord’s now just never going to get anything fixed

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  • [–] 5 points 1 year ago*

    Good point. Although, anything non-utility related is subject to the woes private equity not serving the public interest.

    i.e. if you rent in an apartment building, this isn't an option in every city. Some local plumbers are NOT gonna touch the pipes on a corporate owned building. That kinda thing. All the way to where I have lived in a unit, had plumbing issues (thus the broken toilet analogy), and the case was such that the only plumber that would come to the building was the one that the building contracted out for the building.

    In my case, this meant that my plumbing issues were known, unfixable, and fuck me. My recourse was withholding rent until the end of my lease, with only the obligation to pay what is owed if they prove the issue has been resolved.

    Ultimately, this lead to them not renewing my lease.

    I did get away with withholding and not paying 3 months rent. They still sent to collections, and I spent more than that fighting it.

    I am now suing for damages.

    Ultimately, I will win, but the stress is not worth the value of 3 months rent saved (+ "damages")

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  • [–] 4 points 1 year ago*

    So, the landlord can effectively wait a month.

    I guess Michigan could pass a law requiring landlords to accept rent payments every day. I'm not sure anyone would actually want that as a reform.

    So… I don’t get it. You cannot enforce 48 hours unless the repair is requested less than 48 hours before rent is due.

    I guess the question becomes - can you bill your landlord if you are forced to live outside their property, and deduct that cost from rent? If that's the case, the withheld rent becomes a means by which you can immediately recoup the cost of housing outside the rental unit.

    Even then, just the threat of non-payment is a big deal for a landlord who is - themself - likely paying a note on the property and at risk of default if they can't use your money to pay their own creditors. The possibility of missing a mortgage payment creates a natural incentive to fix the property sooner rather than later.

    As it stands, this would be a significant improvement to landlord/tenant relations. Which is why it likely won't pass.

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  • [+] 14 points 1 year ago* (last edited 1 year ago) (1 child)
  • [–] 12 points 1 year ago (10 children)

    I think it should be like 7 days, but 2 days seems too short.

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  • [–] 49 points 1 year ago (1 child)

    Depends on the action needed.

    Personally, I feel like for health and safety items, after 48 hours the renter should be able to call someone to do the repair on their behalf and bill the landlord any reasonable fees / withhold that money from the next month’s rent.

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  • [–] 8 points 1 year ago* (last edited 1 year ago) (1 child)

    Yeah some work requiring contractors can take days to even find someone who can fit you into their schedule. 2 days seems great for critical to life things like no heat/ac, no functioning water/sewer, etc. But like, roof damage, a broken window? shit like that? Larger jobs It'll take at least a week to get a crew scheduled to even show up, and seems like an unreasonable legal burden.

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  • [–] 8 points 1 year ago

    A short time frame is fine because the consequences for missing it is that rent is delayed until the repair is complete, or the tenant is authorized to arrange for repairs themselves and deduct the costs from the rent. Neither of those are onerous so there doesn't need to be a long grace period.

    This is also specifically for safety related repairs. It's not like a tenant can withhold rent for a broken window screen or dripping faucet.

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  • [–] 2 points 1 year ago

    The wording seems to be that repairs must start within 48 hours, which is reasonable. Landlords could likely successfully argue that ordering replacement parts or having a someone scheduled to come out counts as starting or commencement.

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  • [–] 10 points 1 year ago

    If they need to hire someone to come and do the repair, then good luck finding someone who can show up on such a short notice.

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  • [–] 4 points 1 year ago (3 children)

    whats stopping tenants from abusing this, basically saying oh you dint fix this or that when nothing needs fixing.

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  • [–] 3 points 1 year ago