SB 19

SENATE BILL NO. 19
A bill to amend 1846 RS 66, entitled
"Of estates in dower, by the curtesy, and general provisions
concerning real estate,"
by amending section 39 (MCL 554.139).
the people of the state of michigan enact:
Sec. 39. (1) In every lease or license of residential
premises, the lessor or licensor covenants:
(a) That the
premises and all common areas are fit for the use intended by the parties.
(b) To keep the
premises in reasonable repair during the term of the lease or license, and to
comply with the applicable health and safety laws of the this state and
of the local unit of government where the premises are
is located, except when the disrepair or
violation of the applicable health or safety laws has been caused by the tenants lessee's or
licensee's wilful or irresponsible conduct or lack of conduct.
(2) The parties to the lease or license may modify the
obligations imposed by this section where the lease or license has a current
term of at least 1 year.
(2) (3) The provisions of this section shall Subsection (1)
must be liberally
construed, and the privilege of a prospective lessee or licensee to inspect the
premises before concluding a lease or license shall
must not defeat his the prospective
lessee's or licensee's right to have the benefit of the covenants
established herein.under
subsection (1).
(3) Beginning
on the effective date of the amendatory act that added this subsection, a lessee
or licensee shall notify a lessor or licensor in writing of a defective
condition on the premises. On receipt of a written notice required under this
subsection or otherwise having actual notice of a defective condition, a lessor
or licensor shall commence repairs in accordance with all of the following:
(a) If the
defective condition is imminently hazardous to life or hazardous to the health
and safety of the lessee or licensee, the lessor or licensor shall commence
repairs or removal not more than 48 hours after receipt of the written notice.
(b) If the
defective condition is the presence or reasonable suspicion of the presence of
mold, the lessor or licensor shall commence repairs or removal not more than 72
hours after receipt of the written notice. The repairs or removal under this
subdivision must be in accordance with the ANSI/IICRC standard 520 for
professional mold remediation, or its successor publication.
(c) If the
defective condition is the presence of bedbugs or other pests or does not meet
the requirements of subdivision (a) or (b) but deprives the lessee or licensee
of the use of appliances supplied by the lessor or licensor, the lessor or
licensor shall commence repairs not later than 72 hours after the receipt of
the written notice.
(d) In all
other cases, the lessor or licensor shall commence repairs not more than 7 days
after receipt of the written notice.
(4) A
lessor or licensor that does not commence repairs within the time period
described under subsection (3)(a) to (d) has breached the rental agreement,
warranty of habitability, and duty to repair, and the lessee or licensee may do
any of following:
(a)
Withhold rent, deposit the rent into an escrow account, and remit the rent to
the lessor or licensor not later than 24 hours after the lessor or licensor
completes the repairs.
(b)
Commence repairs and deduct the costs of repairs from the rent.
(5) A
lessee or licensee that elects to proceed under subsection (4)(b) shall do all
of the following:
(a) Obtain
at least 3 free written repair estimates from an individual licensed under the
occupational code, 1980 PA 299, MCL 339.101 to 339.2677.
(b) Send
the written repair estimates to the lessor or licensor with a written notice
that states that the lessee or licensee will make the repairs unless the lessor
or licensor agrees to make the repairs within 24 hours after the receipt of the
written repair estimates and the notice required under this subdivision, and
that the cost of making the repairs will be deducted from the rent.
(c) Keep
all receipts related to the repairs and note the dates of repair.
(d) Send
copies of all receipts and the remaining portion of the rent to the lessor or
licensor.
(6) A
lessor or licensor shall not retaliate or discriminate against a lessee or
licensee that complies with subsections (4) and (5).
(7) A
rental agreement entered into or renewed on or after the effective date of the
amendatory act that added subsection (3) must incorporate the lessee's or
licensee's right to repair and deduct or withhold rent until repairs are
completed as described under subsections (4) and (5).
(8) As used
in this section, "commence repairs" means physically initiating
repairs.
Enacting section 1.
This amendatory act does not take effect unless all of the following bills of
the 103rd Legislature are enacted into law:
(a) Senate Bill No. 21.
(b) Senate Bill No. 20.