Justia Landlord - Tenant Opinion Summaries

A resident of an apartment complex for elderly and disabled individuals was injured when she stepped into an uncovered and unmarked trench near the trash-disposal area in the parking lot before sunrise. The apartment complex was managed by a company that had contracted with one entity to replace concrete (which created the trench) and another company to fill the trench, which was not completed until after the resident’s injury. The resident alleged that the management company breached its statutory duty under Michigan law to keep common areas fit for their intended use, and that the contractor who created the trench was negligent for failing to correct or adequately warn of the hazard. The contractor responsible for filling the trench was dismissed from the case and not part of the appeal.The Montcalm Circuit Court granted summary disposition to both the property management company and the concrete contractor. The court found that the trash-disposal area remained reasonably accessible and thus fit for its intended use, so the statutory covenant was not breached. The court further ruled that the resident’s claim against the contractor sounded in premises liability, and the contractor owed no duty because the hazard was open and obvious. On appeal, the Michigan Court of Appeals affirmed, holding that neither defendant was liable: the trench posed only a “mere inconvenience,” and the contractor had not breached any duty under ordinary negligence principles.The Supreme Court of Michigan, reviewing the case, held that there were genuine issues of material fact regarding whether the contractor breached its common-law duty to refrain from unreasonably endangering others, and whether the management company violated its statutory duty under MCL 554.139(1)(a) to keep common areas fit for their intended use. The Court reversed the Court of Appeals’ decision and remanded for further proceedings. The holding clarified that summary disposition was not appropriate because reasonable persons could differ on whether the uncovered, unmarked trench rendered the area unfit for elderly and disabled tenants and created an unreasonable risk of harm. View "Bowerman v. Red Oak Management Co. Inc." on Justia Law

Elia Companies, LLC, filed suit against the University of Michigan Regents, alleging breach of contract; violations of Michigan’s anti-lockout statute; breach of covenant for quiet possession; constructive eviction; conversion; and unjust enrichment. In 2013, plaintiff entered into a 10-year lease with defendant to obtain space at the Michigan Union for establishing a coffee shop. In March 2017, defendant disclosed its plans to renovate the Union. Plaintiff’s complaint alleged that the parties’ lease required that they negotiate a relocation of the leased premises. However, defendant terminated the lease on April 20, 2018, based on plaintiff’s alleged default and ordered plaintiff to vacate the premises. Plaintiff filed this action in August 2018, and defendant, over plaintiff’s objection, filed a notice of transfer removing the case to the Court of Claims pursuant to MCL 600.6404(3) and MCL 600.6419(1) of the Court of Claims Act (the COCA). Defendant moved for summary disposition, arguing that plaintiff’s action had to be dismissed because plaintiff failed to comply with the notice and verification requirements of MCL 600.6431 of the COCA. The Court of Claims agreed and dismissed plaintiff’s case. Plaintiff appealed, and the Court of Appeals affirmed in part and reversed in part. The panel affirmed the dismissal of plaintiff’s ancillary claims on governmental-tort-immunity grounds but reversed the dismissal of plaintiff’s contract claim. The Michigan Supreme Court determined the Court of Appeals erred when it excused plaintiff’s failure to timely comply with MCL 600.6431. “All parties with claims against the state, except those exempted in MCL 600.6431 itself, must comply with the requirements of MCL 600.6431.” Judgment was reversed and the matter remanded to the Court of Claims for reinstatement of summary judgment granted in defendant’s favor. View "Elia Companies, LLC v. University Of Michigan Regents" on Justia Law