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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 41063
Experience:  30 years in civil, probate, real estate, elder law
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A city-owned building leased (loosely written) to a non-profit.

Customer Question

A city-owned building leased (loosely written) to a non-profit. Building closed to the public because of construction issues. City not providing financial assistance to repair exterior building. City said MI Law prohibits funding to non-profits. Is the responsibility to pay for repairs (some anyway) rest on the non-profit or city? Is there a MI Law that specifically states that a city cannot fund a non-profit?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. Ray here to help you today. Typically the landlord is liable for the cost of repairs to the building.The lease should reflect that the landlord will make such repairs and keep premises habitable.The cities failure would amount to a breach of lease and allow for termination by tenant on that basis. Here you need to look to the lease to see if the city as landlord has this duty based on terms of lease.In this case it is repairs to the city owned building.This doesn't involve funding the no profit for cost of repairs unless the lease states tenant will make these at no cost to landlord.Otherwise landlord should fund these to avoid breach of lease.You need to look at the lease to see which party has has the duty to repair and maintain the property.To me the landlord here likely has this based on terms of the lease in existence. It would make no sense to require the tenant to pay for repairs to the city owned building unless the lease states that.It is the lease here that defines the terms and responsibilities of the two parties under Michigan law. I appreciate the chance to help you today.Thanks again.
Expert:  Ray replied 1 year ago.
Michigan law on commercial leases .. http://www.bomadet.org/media/docs/Mega/Commercial_Landlord_Presentation.pdf