Dealing with Uninhabitable Property Claims: When Tenants Keep Occupying and Refuse Rent Payment

As a landlord, you have likely encountered the frustrating scenario where a tenant claims that the property is uninhabitable but continues to stay and refuses to pay rent. This article aims to provide strategies and legal guidance for addressing such situations.

Legal Rights and Procedures

When you are the property owner, the first step is to understand your rights and the legal procedures you can follow to address the situation. The steps typically include sending a Notice to Cure or Quit, which is a formal request for the tenant to either remedy the issue or vacate the property within a specific timeframe. If the tenant fails to comply, you can file a lawsuit for eviction at the Civil Division of the courthouse. Some areas may have specialized tenant/landlord courts that handle these issues more efficiently.

Defending Against Uninhabitable Property Claims

Many tenants argue that a property is uninhabitable to avoid paying rent. As an attorney practicing landlord tenant law, I often encounter this defense. In most jurisdictions (excluding Detroit, which has a special rental ordinance), I typically file an eviction suit for non-payment of rent without asking for a money judgment, meaning the tenant is required to vacate the property but not necessarily pay back rent unless explicitly requested.

Case Study: Handling Habitability Claims and Tenant Negligence

I recently represented a landlord who faced a challenging situation. One tenant, who was behind thousands of dollars in rent, argued that the property was uninhabitable due to mold. Upon investigation, it was discovered that there had been a water leak the tenant failed to mention, causing a small amount of mold growth in the basement. My approach was straightforward:

File for Eviction: I filed an eviction action demanding the tenant move out immediately if the property was uninhabitable. Set a Cure Period: I provided a 10-day notice for the tenant to address the issue. However, since we found that the mold issue was minor and not a safety hazard, a simple cleaning could resolve the matter. Conditional Extension: When the tenant requested more time to move, I offered an extension on the condition that he pay rent in advance for the 30-day period. This gave him a clear incentive to move. Penalize Procrastination: When the tenant again requested more time, I charged him double rent: regular rent and one month’s rent against the past due amount. This was a significant penalty for wasting time. Consequence of Staying: Despite the penalties, the tenant chose to stay and eventually paid all past due rent. By this point, he had discovered that comparable units in his area were significantly more expensive, thus eliminating his justification for free accommodations.

Five years later, the tenant is still renting the property without complaint. This illustrates the effectiveness of diligent legal action and the potential risks for tenants who refuse to address legitimate claims.

Additional Legal Measures

If you are not the property owner, dealing with such situations can be more challenging. In these cases, you may consider filing a Protection Order, which can be more effective in removing the tenant quickly. Be sure to include threats of harm and destruction of property in your request. Typically, a Protection Order can result in the tenant being evicted within 24 hours with only the clothing on their back.

While these measures can be effective, it is essential to approach each situation with a clear understanding of local laws and the best course of action to take. Consulting with an attorney specializing in landlord-tenant law can provide valuable guidance and ensure that you are taking appropriate steps to protect your legal rights.

Conclusion

Handling uninhabitable property claims can be contentious, but taking the right legal steps can help resolve issues quickly and protect your rights as a landlord. Always consult with a legal professional to tailor your approach to your specific situation.