Legal Question in Landlord & Tenant Law in Michigan

I signed a lease agreement for an office located in dearborn heights, in which the owner stated on the lease agreement that this office had a new roof,and that I wouldonly have to pay for snow and trash removal once for the year. Well I had 4 employees, a processor, and receiptionist and a assistant. Aftera few months the roof started leaking, and I complained to the owner nothing was done, the roof fell in in the back office in which damaged my computers, boxes of printing papers, office furniture, not to mention I had to let go of my employees because the rooms started flooding. I contacted building and saftey and they sent out an investigator, that told me that the owner never received a ceritificate of occupancy from the city, because there were several violations in which he never complied to, and they thought the buliding was vacant. They advised me not to make another payment to this guy because I was never supose to be there. I received a notice of eviction because of non payment for rent which I went to court and he never showed up. I called the owner and requested for a refund of my money that was paid and the information I received from the supervisor of building and safety and letter stating that this building was in code violation, and that I had to move and not to pay another penny for rent, because I was not supose to be there, and that he never cleared the code violations. I lost over $100.000 dollars $14,000 dollars paid in rent $800 dollars for water, $400 dollars for snow and trash removal, over $50,000 dollars for loss of employees, $25,000 dollars in damage to my computers, boxes of printing papers, furniture, and over $3,500 dollars to find and move and change phones service to a new location. The owner past away in July of 2009 and he owned this building free and clear not to mention other properties he owned and commercial buildings in which he quit claimed to his wife 2 months before his passing. I called the court in the county that he lived and probate told me that there was no estate opened for him. I need to know can an attorney open and file litigation against his estate to recover the the substancual amount of money i've lost not to mention punitive damages i've encountered because of this, loosing my car, falling behind on all my bills, not being able to recover from the money i've lost from this disater.I've suffered?


Asked on 1/29/10, 2:31 am

1 Answer from Attorneys

Timothy Klisz Klisz Law Office, PLLC

The fact there is no probate estate yet opened is troubling, but not impossible. A creditor can open up a probate estate to collect on their debt. This case is interesting. If you would like to discuss in detail, visit me at www.kliszlaw.com. Tim Klisz

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Answered on 2/03/10, 5:01 am


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