Resale shop closed due to mold, landlord, tenant dispute lease

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Resale shop closed due to mold, landlord, tenant dispute lease

South Lyon Herald - MI*

By Jessie Ellis

STAFF WRITER

http://hometownlife.com/apps/pbcs.dll/article?

AID=/20070927/BUSINESS/709270739/1086/NEWS19

Megg Brigmon, owner of Little Monkeys Boutique, a children's

clothing consignment store in downtown South Lyon, found herself

forced to conduct business on the sidewalk in front of the store

last Thursday.

Brigmon closed her business due to a flooding problem, which led to

the growth of mold on the floor and in the walls. Doctors have

instructed Brigmon to not return to premises. She is five months

pregnant and has diabetes, as well.

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" I had no idea there was mold there, " Brigmon said. " I could smell

something, but I've never smelled that before, so I just didn't

know. "

She had to shut down the store and contact all of her consignees.

One of those consignees is Salvatore, a lawyer who now

represents Brigmon.

According to Brigmon, before signing the lease, the owner of the

building, Mike Muller, of Birmingham did not inform her that there

was a problem with flooding after heavy rains. Brigmon opened Little

Monkeys Boutique in April. When the building flooded for the first

time, Brigmon contacted Muller about the problem.

Muller did not respond to requests for comment.

The store stood empty for a year before Little Monkeys began doing

business. The previous tenant, South Lyon Electronics managed by

Dale Wiltse, said that flooding concerns were not a surprise.

" When I saw there was a new tenant in there, I went in and warned

her, " Wiltse said. " We didn't have feet of water, but about half an

inch to an inch. "

The first time it flooded for South Lyon Electronics, Wiltse said he

lost about $5,000 in merchandise which was covered by insurance.

However, the second time it flooded, Wiltse's insurance changed and

there was a new, " no flood coverage " clause in the policy. He lost

about $2,500 in merchandise for which he was not reimbursed, he said.

Part of the problem is that the building floor sits well below the

level of the parking lot. In the back of the building is a private

drain with a catch basin and a four-inch pipe leading out onto the

street. When a big rain hits, water pours from the higher level

parking lot and quickly swamps the drain.

Steve Renwick, the City of South Lyon Department of Public Works

Superintendent, said that his department has been looking at the

drain located at the back of the building. The drain is not owned

and maintained by the city, Renwick said, although the DPW has

assisted a plumber hired by Muller to look at the drain with special

cameras. He said there didn't seem to be any problems with the drain

itself.

" When somebody does have a problem we do what we can to help out, "

Renwick said.

When flooding problems persisted at Little Monkeys, last month

Brigmon's husband, , removed a small patch of drywall on the

back wall of the store.

" The drywall was covered with black and green mold, " Brigmon wrote

in a letter to Muller. " It is, of course, very likely that the

entire rear drywall of the building is full of mold. "

Brigmon has since had the air tested by Advanced Air Quality.

Results of testing are pending.

Because of the mold, Brigmon has had to shut down her business.

Before moving into the building, Brigmon and her husband made

considerable renovations to the building including lighting

upgrades, a drop ceiling, new floors and a painted walls.

Last week, the Brigmons returned consignment merchandise to

residents who had given clothing to the resale store, and Little

Monkeys appeared closed for business. Legal issues between tenant

and landlord continued, however.

" The landlord is threatening to sue her for breach of the lease, "

Salvatore said. Muller maintained that the business owners remained

responsible for rent during the period of the lease.

" Please be advised, " Muller stated in a letter to Brigmon dated

Sept. 12, " that if you vacate the building and to not plan to

return, you will be in violation of the lease and I will take the

appropriate action in order to protect my interest. "

On the sidewalk last Thursday Brigmon looked after her children and

tended to her consignees, many of whom she has come to know as more

than just customers.

" Everyone has been so kind and understanding, " Brigmon said.

Contact Jessie Ellis at (248) 437-2011 or jjellis@....

[Guest guest]

And she's pregnant too.. what a mess...

Seems to me that if they insist on renting it out, the owner of the building

needs to do whatever it takes to keep that space dry.

That problem is going to keep coming back until it is fixed.