Legal Question in Landlord & Tenant Law in Michigan
commercial lease
May 2006 our landlord locked us out of the commercial building. At that time we had not paid rent for two months. Lease is between landlord and Franchisor, but we have signed personal garauntee. During last eight months we could not sell the store nor get in to the store. Now landlord wants rent for the lease epriod, which is two more years.
Is he at fault becuase he locked us out? What are my obligations? If this goes to court what are my chances of winning? obviously we don't have money to pay rent as business has drained our financials.
1 Answer from Attorneys
Re: commercial lease
Michigan has an anti-lockout statute that bars landlords from doing exactly what you describe in your question. If there are no other colorable issues that would allow him to argue that you had abandoned the property or violated the lease in some way (though I don't know what violation short of operating an illegal business on his premises would warrant locking someone out). As far as what your obligations might be, at this point it is tough to say. Until he sues you, reports you to the credit bureau or whatever his next move is going to be, we really don't know what your obligations are. Obviously, if he sues you, you will have to defend yourself and the anti-lcokout statute and a number of other defenses would be available to you. Good luck on this one.
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