Home > Uncategorized > Commercial Leases: Courts will apply the plain language of the contract in enforcing its terms.

Commercial Leases: Courts will apply the plain language of the contract in enforcing its terms.

Check out this article from attorney Lawrence Shoffner commenting on a July 10, 2012 Michigan Court of Appeals Decision:  Majestic
Golf, LLC, v. Lake Walden Country Club, Inc.
, (Mich App No 300140, July
10, 2012).

This underscores the fact that the law treats commercial landlord/tenant issues somewhat differently than residential tenancies.

In the residential context, tenants have certain statutory rights, in addition to contractual, that provide extra protection from a landlord’s ability to evict the tenant. The Property has to be kept fit for its intended use and in reasonable repair. These conditions must be met in order for a landlord to evict the tenant, stated otherwise, the covenant to pay rent is not an independant covenant to a landlord’s duty to keep the property fit for its intended use and in reasonable repair.

In a commercial context the courts will look at the contract that the parties’ agreed to, and enforce it by its terms.

This article published in the State Bar of Michigan’s December E-Newsletter can be viewed at the link below:

http://www.michbar.org/realproperty/eNews/eNews_December12.cfm

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