CONSTRUCTIVE EVICTION IN COMMERCIAL LEASES: Legal Standards Review

FOR SUBSCRIBERS ONLY

CONSTRUCTIVE EVICTION IN COMMERCIAL LEASES

LEGAL STANDARDS REVIEW

As a defense in an action by a landlord for breach of lease and rents, tenants may assert constructive eviction and breach of an express (or implied) covenant of quiet enjoyment. These two defenses may be invoked together. “Constructive eviction, like actual eviction, is a violation of the covenant of quiet enjoyment implied in leases.” Whole Foods Mkt.…  

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.…