Dear Colleague:
This year has gotten off to a fast start. I have become involved in a multi-million dollar case in Maryland involving a medical company that is likely to be a complex and contentious case. A client of mine has just gotten its first IPhone App approved and is now attracting some serious investor interest. And my entertainment clients are responding to the improving economy by getting more active in seeking new deals.
COMMERCIAL EVICTION IN MARYLAND
I have just been retained by a large company in Florida to evict one of its commercial tenants, which is not doing well and is jeopardizing my client's relationship with one of its corporate partners. My approach to these cases is to attempt to negotiate a voluntary turnover of the space in order to save my client from potentially costly eviction action and to ensure a smooth transition to a new tenant. I have represented a number of landlords (and some tenants) in this situation and it requires a combination of negotiation and litigation skills to minimize the damage to my client and ensure that the desired result is achieved.
Here are a few tips if you are confronted by a tenant who is not paying or not paying on time:
(1) Send written notices whenever rent is late, specifying the late fees that have been charged and reminding the tenant that they are subject to eviction if they fail to pay rent on time;
(2) Do not let the problem go on too long. Tenants will attempt to delay this by telling you that things are going to get better, but they often get worse;
(3) Begin to line up another tenant right now. This will often result in less time for the space to be empty and prevent your current tenant from using the threat that the space will be vacant to get you to delay your action;
(4) Begin an eviction if any tenant gets more than 45 days in arrears. You can always elect not to complete the actual eviction itself, but having the judgment for possession will greatly increase your leverage to negotiate a deal with the tenant.
If you or your colleagues are involved in one of these situations, please feel free to contact me.
MOLD EXPOSURE AND ITS HEALTH RISKS
I have recently become involved on the Plaintiff's side in several mold exposure cases. I had not realized just how dangerous mold exposure can be to vulnerable populations, particularly those people who have been very sensitized to mold because of previous exposures. The health consequences can be very severe, and many buildings in the Washington DC area apparently have a variety of types of mold. Maryland law now requires that mold remediation be done in a particular way, with licensed and trained personnel, but, apparently, many building owners are either unaware of this requirement or are not following it. If you or a family member or friend has been diagnosed with a condition caused by mold in a rental property or an office, please let me know if I can help you.
I hope you have found this newsletter helpful. Please feel free to forward it to your colleagues and let me know if you want me to add their email addresses to my list. Thanks.
