Legal Question in Business Law in Michigan

Parking lot security

I own a medical practice with a parkiing lot with spaces for

my staff and patients. My contract doesn't make any

reference to parking lot security. Recently I requested that

the landlord provide security for the parking lot since

people not coming to the clinic were taking up parking

spaces and going to other businesses across the street. The

landlord says it's my resposibilty to provide security to

maintain the parking spaces, but i believe it's his. who's

right


Asked on 7/28/03, 5:42 pm

1 Answer from Attorneys

Patricia Prince Patricia Gormely Prince, P.C.

Re: Parking lot security

Based on the information you've given, I do not believe that you have a strong case against your landlord. Because the lease is silent, the law is not likely to impose an additional duty on the landlord. This could, however, change if the landlord had been aware, prior to your execution of the lease, that the parking spaces were often misappropriated, but failed to notify you of this fact. Still, I would not put much faith into such an argument, as a court could very well determine that such a conclusion is easily within the realm of common knowledge. This does not appear to present an issue where physical security is an issue and the landlord was aware of physical danger, so (as I stated before) the law is not likely to impose an additional contractual duty.

At this point, you might want to consider signage indicating that unauthorized cars will be towed (and contact the local police department regarding the procedure for enforcing this). In fact, you might be able to enter a contract with a local towing company for this purpose; but again, check with the police department.

Is there any language concerning "common areas?" If so, this might provide you with a basis to at least require your landlord to place signage at the parking lot entrance.

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Answered on 7/29/03, 8:18 am


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