Mattress store wins dispute over rent early in pandemic
BAY CITY, Mich. (AP) — A judge has ruled in favor of a Bay City mattress store that declined to pay rent for two months last year when the business was closed because of Gov. Gretchen Whitmer’s pandemic orders.
Mattress Firm argued a legal theory known as “frustration of purpose.” U.S. District Judge Thomas Ludington said it was an appropriate defense against paying $21,000 in rent to Bay City Realty. The mattress store had been barred from conducting business.
“Whether ‘frustration of purpose’ or other common law defenses may be available is heavily dependent on the facts of each case, in particular the language of the operable lease, and the applicable law,” said Warner Norcross & Judd, a law firm that closely watched the case.
Businesses not considered essential were closed by Whitmer a year ago when the COVID-19 pandemic was blooming in Michigan. Mattress Firm didn’t pay base rent for April and May, according to a summary of the dispute.
“Everyone who could work from home was required to do so, and, therefore, the offices were essentially storage units for business equipment during the shutdown,” Ludington said on April 7. “The purpose of the lease, the retail sale of bedding products, was substantially frustrated during the shutdown.”
Nessel reminds Michiganders to vet tax preparers
Michigan Attorney General Dana Nessel is reminding people to do their research before handing over financial information during tax season.
Her latest video stresses the importance of vigilance when selecting a tax preparer.
“After a year like 2020, it’s understandable more people will need assistance filing their taxes,” Nessel said. “That’s why it’s so important to make sure you can trust the person preparing them. There are bad actors out there waiting to take advantage of tax payers.”
Michiganders need to remember:
• Research the person or company you’ll be filing with.
• Never hand over your social security number to someone you don’t know you can trust.
• Take your completed return directly to the post office if you file by mail.
• Use a secure internet connection, not public wifi, if you file electronically.
• The IRS will never ask for payment over the phone or call to threaten a lawsuit or an arrest.
The video is part of a series of informative and humorous videos focused on consumer protection.
They are posted periodically on the Department’s Facebook, Twitter and Instagram accounts.
Additional resources are always available by visiting the attorney general’s Consumer Protection webpage on the webiste www.michigan.gov/ag.
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