drewandjenee
New Member
My issue spans 8 years so I will try to keep it as brief as possible.
For 8 years my wife and I with our 6 children have been renting a home from her parents in Grand Traverse County, Michigan.
Over the span of the years we have tolerated some rather serious issues, and most of the time took care of them ourselves without holding rent or receiving compensation. Issues including heating, electrical, and plumbing repairs, code violations, broken windows, windows that won't open, leaks, mold, deteriorating lumber, damaged roof, no fire extinguishers, no smoke alarms etc etc, I could probably go on all day. Every time we asked for compensation or asked that they take care of these major issues, they have always threatened us with "We're just going to sell the house, you guys are going to have to move" In our defense, as shitty as our place is, it is nearly impossible to find a home meeting our size requirements in Northern Michigan at a reasonable price.
Anyway over the years we have paid our entire year rent in advance with our tax refund, convenient for us, but we lost any leverage we could have ever had. In February 2014 enough was finally enough, I presented them with 7 months rent, and told them they would need to spend the spring and summer making the home habitable. At the time, they agreed, even though I should have known better I didn't follow the proper course such as formally presenting the problems (even though they know very well what they are)
Two months ago we had a blowout because we still hadn't paid them the remaining 5 months rent (although had it ready and available in a separate bank account) And after it all calmed down they again agreed to do the repairs, and rushed over 2 days later with a rag-tag crew and stripped all the shingles and replaced them. But they did not fix the sagging boards on the backside of house, or repair the leak that pours into the basement. Then proceeded to leave a message on my machine 2 days later demanding the back rent.
Finally 2 weeks ago, we requested a sit down with them at their house, I took my tablet with me and recorded our hour long conversation. My terms where that in 2 weeks (3/11/15) I would pay the past rent (5100) but from that point forward I would setup an Escrow account and deposit every dollar until the home was in living condition, They agreed and we went on our way. I should mention first that I set the 2 week time period because we have desperately been seeking new residence but in Michigan winters there is literally NOTHING available. So yesterday, 3/11 at 12:35pm on my way to Northport (55 miles north of town) I sent them a text asking for the account number to transfer the funds, at 12:39pm they replied "12**** Thanks!" as I was on the phone with the bank I lost cell service, so we finished our work and returned to our house by 4pm, I checked the mail and found an eviction notice waiting for us, obviously I called them and they screamed and yelled and said they are just going to evict us and then repair the home after we're gone then re-rent.
My plan before the eviction notice was to use the recorded conversation as documentation and then start the process of formally notifying, and writing the letter for rent withholding.
FINALLY, My Question is this; Can the recording be used to prove my defense that I was trying to reinforce my rights as a renter and that the eviction notice was retaliatory? And also, what should I do with the $5100 now? Should I just transfer it, forcing the eviction void and proceed with the rent withholding? Or should I hang onto the money and fight the eviction? The problems with the home are pretty CLEARLY stated as landlord responsibility according to a Michigan landlord/tenant document I researched, and renters rights information.
**Also, forgot to mention, in 2008 when we originally signed the lease it was a 1 year duration, we were not provided with a copy (although I did read it carefully and nothing suspicious stood out) and they have refused to renew it since, but still collected rent. As far as my knowledge goes, when they accepted payment the lease was renewed for the original duration.
ANY help would be very much appreciated.
Thank you,
The Morrison's
For 8 years my wife and I with our 6 children have been renting a home from her parents in Grand Traverse County, Michigan.
Over the span of the years we have tolerated some rather serious issues, and most of the time took care of them ourselves without holding rent or receiving compensation. Issues including heating, electrical, and plumbing repairs, code violations, broken windows, windows that won't open, leaks, mold, deteriorating lumber, damaged roof, no fire extinguishers, no smoke alarms etc etc, I could probably go on all day. Every time we asked for compensation or asked that they take care of these major issues, they have always threatened us with "We're just going to sell the house, you guys are going to have to move" In our defense, as shitty as our place is, it is nearly impossible to find a home meeting our size requirements in Northern Michigan at a reasonable price.
Anyway over the years we have paid our entire year rent in advance with our tax refund, convenient for us, but we lost any leverage we could have ever had. In February 2014 enough was finally enough, I presented them with 7 months rent, and told them they would need to spend the spring and summer making the home habitable. At the time, they agreed, even though I should have known better I didn't follow the proper course such as formally presenting the problems (even though they know very well what they are)
Two months ago we had a blowout because we still hadn't paid them the remaining 5 months rent (although had it ready and available in a separate bank account) And after it all calmed down they again agreed to do the repairs, and rushed over 2 days later with a rag-tag crew and stripped all the shingles and replaced them. But they did not fix the sagging boards on the backside of house, or repair the leak that pours into the basement. Then proceeded to leave a message on my machine 2 days later demanding the back rent.
Finally 2 weeks ago, we requested a sit down with them at their house, I took my tablet with me and recorded our hour long conversation. My terms where that in 2 weeks (3/11/15) I would pay the past rent (5100) but from that point forward I would setup an Escrow account and deposit every dollar until the home was in living condition, They agreed and we went on our way. I should mention first that I set the 2 week time period because we have desperately been seeking new residence but in Michigan winters there is literally NOTHING available. So yesterday, 3/11 at 12:35pm on my way to Northport (55 miles north of town) I sent them a text asking for the account number to transfer the funds, at 12:39pm they replied "12**** Thanks!" as I was on the phone with the bank I lost cell service, so we finished our work and returned to our house by 4pm, I checked the mail and found an eviction notice waiting for us, obviously I called them and they screamed and yelled and said they are just going to evict us and then repair the home after we're gone then re-rent.
My plan before the eviction notice was to use the recorded conversation as documentation and then start the process of formally notifying, and writing the letter for rent withholding.
FINALLY, My Question is this; Can the recording be used to prove my defense that I was trying to reinforce my rights as a renter and that the eviction notice was retaliatory? And also, what should I do with the $5100 now? Should I just transfer it, forcing the eviction void and proceed with the rent withholding? Or should I hang onto the money and fight the eviction? The problems with the home are pretty CLEARLY stated as landlord responsibility according to a Michigan landlord/tenant document I researched, and renters rights information.
**Also, forgot to mention, in 2008 when we originally signed the lease it was a 1 year duration, we were not provided with a copy (although I did read it carefully and nothing suspicious stood out) and they have refused to renew it since, but still collected rent. As far as my knowledge goes, when they accepted payment the lease was renewed for the original duration.
ANY help would be very much appreciated.
Thank you,
The Morrison's
