June 2026

An informative e-newsletter for the Real Property Law Section of the State Bar of Michigan.

Good Faith Won’t Keep the Lights On

By Emily M. Sullivan, Couzens, Lansky, Fealk, Ellis, Roeder & Lazar P.C.

Absent a covenant in the lease, Michigan law does not require a commercial tenant to open for business or remain in operation throughout the lease term. Courts have consistently refused to imply these obligations into the lease, even where the rent is tied to a percentage of tenant sales. If the landlord wants to ensure the tenant remains open for business throughout the term, it must negotiate these obligations into the lease.

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Summer Conference 2026
Grand Hotel, Mackinac Island
July 15-18, 2026

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Section Members: $530
Non-Section Members: $590
Member of the Young Lawyers Section: $325

Unfortunately, the Grand Hotel is sold out. Please check out other hotels on the island.

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Write an Article

Interested in writing an article for the e-Newsletter? Contact co-editors Samuel Kilberg at SKilberg@dykema.com or Glen Zatz at gzatz@bodmanlaw.com.

Can't remember where you saw that e-Newsletter article? Check the e-Newsletter article index.

We are also looking for suggested authors and topics for the Michigan Real Property Review. Please contact Chair-Elect, Leslee Lewis at llewis@dickinson-wright.com for suggested topics and ideas.

The views and opinions expressed in these articles are those of the authors, and they do not reflect in any way the positions of the State Bar of Michigan or the Real Property Law Section. These columns are meant for informational purposes only and should not be construed as legal advice. IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding tax-related penalties or (ii) promoting, marketing, or recommending to another person any transaction or matter addressed in this communication.