SMALL BUSINESS FOCUS: LANDLORD LIABILITY FOR THIRD PARTY ACTIONS (The Second in a Series of Articles)

In our first article, we discussed the landlord’s actions or inactions that can trigger constructive eviction, giving the tenant a defense in court against a landlord’s suit for unpaid rents.  This article discusses a landlord’s liability when a third party causes problems, or creates the conditions leading to the tenant’s constructive eviction.

Can the commercial tenant successfully plead constructive eviction or prevail against a claim for unpaid rents if another tenant interferes with your business operations?…  

SMALL BUSINESS FOCUS: Constructive Eviction in Commercial Leases

Most residential renters know that in the District of Columbia (DC) they have a warranty of habitability and right to quiet enjoyment of their homes implied by law in every residential lease. These rights allow them to stop paying rent and vacate the property when the landlord’s failure to make repairs renders their home uninhabitable. If the landlord sues them for rent payments, the tenant can assert a “constructive eviction” defense to avoid paying the rent and in some cases, even ask for money damages, if, for example, there is damage to personal property.…  

Maryland Legislature makes “Money Moves” against Abusive Foreclosures – Two Bills Introduced to start New Year

The Unfair Abusive Deceptive Trade Practices Statute of Limitations (HB 425)

• This legislation will ensure that homeowners who were unfairly and deceptively
  denied the opportunity to modify their mortgage loan in violation of Maryland laws, would have the right to sue their former mortgage lender for such violations.
• Last August, for example, Wells Fargo admitted publically that it conducted hundreds or thousands of foreclosures against homeowners due to its unfair evaluation of their loss mitigation applications between April 13, 2010, and Oct.…