tearing down of patio cover

[AdriN675]

MY HUSBAND AND I RENT A SINGLE FAMILY HOME IN OAK PARK MICHIGAN FOR THE PAST 16 MONTHS. THE WINTER SNOWS HAVE CAUSED A WOODEN SUPPORT BEAM OF THE PATIO COVER TO COME LOOSE. THE PATIO COVER IS ATTACHED TO THE GARAGE.

I EMAILED THE LANDLORD TO NOTIFY THEM OF THIS AND OTHER GUTTER AND MASONRY REPAIRS. I WAS ADVISED THAT THE PATIO COVER WOULD 'PROBABLY'BE TORN DOWN. WE ENJOY OUR PATIO AND FEEL THAT IF TORN DOWN, A PART OF THE PROPERTY HAS BEEN TAKEN AWAY WHILE THE RENT WILL PROBABLY INCREASE AGAIN AT RENEWAL.

WHAT RECOURSE DO TENANTS HAVE ? (OTHER THAN GETTING PERMISSION FROM LANDLORD TO HAVE REPAIR DONE ON OUR OWN) A FEATURE OF THE HOME IS TAKEN AWAY BECAUSE THE REPAIRMAN IS TOO BUSY/LAZY TO FIX. THE COVER IS STILL SAFE/STABLE EVEN THOUGH A REPAIR IS NECESSARY. CAN WE 'MAKE' THE LANDLORD REPAIR THE COVER AND NOT TEAR IT DOWN ? THANK YOU.

 

[djdj]

If the covered patio is included in the lease, then the landlord would have to fix it, If he tore it down it would violate the lease and your usuage.

If there is no mention of the patio, or It was NOT advertised as such in the original ad which made you call the LL seeking to rent the place.....then he is under no obligtion to fix it, he could tear it down if it is dangerous, and you just have to live without a covered patio.

So is it included in the property desciption anywhere?

 

[AdriN675]

THANK YOU, DJDJ FOR YOUR RESPONSE.

UNFORTUNATELY THERE IS NO MENTION OF PATIO IN PREMISES DESCRIPTION OF LEASE OR IN ADVERTISEMENT OF PROPERTY.

I'M GOING TO SEND A 'NICE' EMAIL TO LL TO CONSIDER REPAIR AS OPPOSED TO TEARING COVER DOWN, AND HOPE FOR THE BEST.

AT LEAST IF COVER IS TORN DOWN I'LL NOT FEEL 'VIOLATED' HAVING UNDERSTOOD THE LL LEGAL RIGHTS AS A RESULT OF YOUR RESPONSE.

THANK YOU AGAIN.

 

[djdj]

Anything that is not in a lease, patio, garage, basement, storage shed, attic storage, or if it is not in the advertisement, its at the landlord perogative wether to let you use it, or to take it away.

Being nice is a good idea, also get a few disposable cameras and take lots of pictures too, keep a set, just in case the LL turns into a real jerk and expects you to pay for the damage out of your security when you leave.