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The purpose of this memorandum is to provide a detailed description of Michigan Statute MCL§ 554.139 and the subsections and what it constitutes. Also to provide what the statute means to landlords and what they are required to do. The other purpose is to answer your questions with examples from court cases such as Wilhelmina Keysha Taylor-Floyd vs Consolidated Management, as well as Allison vs AEW Capital Management, L.L.P. The implications of a renter accidentally causes damage or destroying property on purpose will also be discussed. Under Michigan Statute MCL § 554.139(1)(a) a landlord, who is renting out his property to a tenant must keep all the areas that are deemed “common” such as sidewalks, stairwells, etc. are required to be in a condition suitable for what they were designed for. Basically a sidewalk must be clear of debris so tenants are able to walk on it as it was intended for, as well as a stairwell being free of obstruction and being able to freely go up and down the stairs. According to MCL § 554.139(1)(b) a landlord must keep the property repaired in case of a defect in the property for as long as the lease is in effect. If a tenant causes damage to the property on purpose or accidental, the landlord is not responsible to make repairs because the tenants were not acting courteous and being irresponsible to the landlords property. The details in the statute MCL § 554.139(1)(b) state that “except when the disrepair or violation of the applicable health or safety laws has been caused by the tenants willful or irresponsible conduct or lack of conduct,” which means that the landlord would not be responsible for any destruction that the tenant caused intentionally or accidentally. Responsibilities that a landlord has under MCL § 554.139 are that they have to keep areas that are deemed “common” in a suitable condition for use, to repair any defects that happen during the term of the lease unless the tenants purposely or accidentally destructed property and obey all laws. Another responsibility of the landlord is to allow inspection of the premises before signing a lease because if an inspection of a possible tenant is denied the landlord could be trying to hide the fact that the premises are not actually fit for suitable living, also if repairs are not performed when landlord is at fault, multiple lawsuits could arise. In Wilhelmina Keysha Taylor-Floyd vs Consolidated Management, the plaintiff which is Taylor-Floyd who is also a tenant of Consolidated Management, believes she fell on black ice in a parking lot managed by Consolidated Management and believes the ice was formed because of a drainage problem that was draining to the parking lot. Consolidated Management claims to have salted the area where Taylor-Floyd was walking when the fall occurred and Consolidated Management claimed an “open and obvious” defense. The Supreme Court did not believe that black ice was an open and obvious danger because the landlord has an obligation to its tenants to make sure that all areas are suitable for use and cannot use an “open and obvious” defense to get out of performing the necessary tasks required by MCL § 554.139(1)(a). In Allison vs AEW Capital Management, the plaintiff Allison slipped and fractured his ankle while walking one a couple inches of snow, claimed the AEW Capital Management breached its duty under MCL § 554.139(1)(a) because the parking not was not suitable for use and also MCL § 554.139(1)(b) because he also claimed that there was a defect because there was snow on the parking lot that had not been taken care of. The court found that AEW Capital Management did in fact maintain the parking lot because snow and ice are not considered to be a defect because they are natural elements of earth. The parking lot is not considered to be part of premises since the definition does not fit. According to MCL § 554.139, the landlord has to make sure the areas that are deemed to be “common” under MCL § 554.139 are suitable to use by all invitees, which are people that the landlord has invited onto his property. Also the landlord is responsible for making repairs to the tenants apartments when a repair is necessary such as a defect in a pipe or a hole in the floor except when the tenant has caused the damage him or herself, then they are liable for the damages.

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Memo To: Lucy R. Benham From: Jacob Blanchard Subject: Internet Research Project Date: November 11th, 2013 The purpose of this memorandum is to provide a detailed description of Michigan Statute § 554.139 and the subsections and what it constitutes. Also to provide what the statute means to landlords and what they are required to do. The other purpose is to answer your questions with examples from court cases such as Wilhelmina Keysha Taylor-Floyd vs Consolidated Management, as well as Allison vs AEW Capital Management, L.L.P. The implications of a renter accidentally causes damage or destroying property on purpose will also be discussed. Under Michigan Statute § 554.139(1)(a) a renter, who is renting out his property to a tenant must keep all the areas that are deemed “common” such as sidewalks, stairwells, etc are