Commercial Real estate, return of security deposit.

Asked in Detroit, MI - over 2 years

I used to rent commercial office space in Macomb. I just received a bill after a 5 year tenancy for things that are clearly wear and tear. (painting, patching walls, etc). I would like to know what my grounds would be for challenging this. I know the laws regarding commercial and residential tenants differ. Guidance appreciated.

Attorney Answers (1)

Elias T. Xenos

Elias T. Xenos

Birmingham Immigration Attorney

Licensed in MI

Answered over 2 years ago. Your lease agreement will govern the condition in which you must surrender the premises. Independent of any contract or express agreement, at common law a tenant must treat the premises in such a manner that no substantial injury shall be done them through any negligent or willful misconduct on his part, and must make fair and tenantable repairs. However, a tenant is not liable for mere wear and tear of the premises, nor bound to replace any portion thereof worn out by time.

Let me know if I can be of further assistance.
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