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
1 Answer from Attorneys
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.
Related Questions & Answers
-
Selling a car at Online Auction I made a mistake by selling a car that I don't have... Asked 7/22/03, 10:48 am in United States Michigan Business Law
-
Personal Liability in a Corporation or LLC I am considering starting a small... Asked 7/03/03, 2:56 pm in United States Michigan Business Law
-
Fiduciary responsibility to shareholders We have a officer who has gone behind our... Asked 6/26/03, 11:42 am in United States Michigan Business Law