Where the plaintiff, a commercial tenant, has moved for summary disposition, the motion should be allowed based on the defendant landlord’s failure to keep the roof of the leased premises in good repair.
“In this case, the Parties' lease contains the following provision: ‘Defendant shall, at its expense, keep in good order and repair the roof ... of the building in which the Premises are located.’
“In response, Defendant points to the provision in the lease that states ‘[a]ny personal property kept on the Premises by the Tenant shall be kept at the Tenant's sole risk.’ ... Defendant argues that ‘[t]his clause does not absolve the Landlord from all obligations or liabilities arising from the Lease but does clearly and unambiguously shift all liability for loss or injury of the Tenant's personal property located on the Property to the Tenant alone.’ ... However, Defendant cannot rely on this provision when the damage to the personal property was directly caused by its own breach of the lease in failing to repair the roof. As explained in Stockdale v Jamison , 416 Mich 217; 330 NW2d 389 (1982), a defendant who breaches its contractual obligations is ‘liable for any damages arising 'naturally from the breach or in the contemplation of the parties at the time the contract was made.’ As is laid out above, Plaintiff has provided this Court with ample evidence regarding Defendant's failure to keep the roof in good repair, including the fact that the Clinton Township Building Department issued a misdemeanor ordinance complaint against Defendant that remains pending due to the state of the roof. Accordingly, Plaintiff's motion for partial summary disposition as it relates to its breach of contract claim regarding the roof is granted.”
Hunt's Gymnastics Academy LLC v. Statewide Groesbeck LLC; MiLW 10-108137, 6 pages; Macomb Circuit Court; Caretti, J.
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