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HTMLAnother Reason a Residential Landlord May Not Want to Ask for a Security Deposit
James S. Singer; Rudolph Friedmann LLP;
Legal Alert/Article
August 25, 2016, previously published on August 10, 2016
Some seasoned landlord/tenant practitioners and even judges advise residential landlords to forego requesting security deposits from their tenants. Massachusetts law allows a landlord to require a tenant to pay at or prior to the commencement of a tenancy the first month’s rent, last...

 

HTMLCovenant Limiting Development to One House per Lot Is Still in Effect and Had Not Been Waived Even Though a Companion Clause Was Waived
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
August 19, 2016, previously published on May 2016
In Shader v. Hampton Imp. Ass'n, Inc., 443 Md. 148, 115 A.3d 185 (2015), the Court of Appeals held that an 80-year-old recorded covenant continued to prohibit homeowners from building a second house on their land despite the fact that the improvement association had waived another restriction that...

 

HTMLForeign LLCs May File Proceedings Even If Not Qualified to Do Business in Maryland, but Moe's Did Not Have Standing to Attack Chipotle's Zoning
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
August 19, 2016, previously published on May 2016
The Court of Appeals decided that a foreign limited liability company may file an action in a Maryland court even if it was not then qualified to do business in this State, and it may pursue the case if it subsequently qualifies to do business in Maryland. However, the Court also decided that...

 

HTMLTo Determine the Value of Property on the Date of Finality, It is Acceptable to Consider Comparable Sales Thereafter
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
August 19, 2016, previously published on May 2016
In Lane v. Supervisor of Assessments of Montgomery County, -- A.3d --, No. 41 Sept. Term 2015, 2016 WL 1742793 (Md. May 3, 2016), the Court of Appeals held that sales of comparable properties made after the “date of finality” may be considered in the determination of the value of real...

 

HTMLLease Termination May Be Avoided in Bankruptcy
Lawrence D. Coppel; Gordon Feinblatt LLC;
Legal Alert/Article
August 19, 2016, previously published on April 2016
When a commercial tenant is failing, the tenant and its landlord may enter into a lease termination agreement relieving the tenant from all or some of its obligations, and permitting the landlord to lease the space to a more viable tenant. Although the landlord may assume that the termination...

 

HTMLAmount of Attorneys' Fees Awarded Is Not Limited to Size of Judgment
Edward J. Levin, Margaret M. Witherup; Gordon Feinblatt LLC;
Legal Alert/Article
August 19, 2016, previously published on May 2016
As a step in the development of a high-rise apartment building in Bethesda, Bainbridge St. Elmo Bethesda Apartments, LLC obtained an easement and agreement from its neighbor White Flint Express Realty Group Limited Partnership, LLLP. Bethesda violated provisions of the agreement relating to the...

 

HTMLThe Town of New Market’s Comprehensive Plan Complies with State Law
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
August 19, 2016, previously published on May 2016
Upon a challenge by groups and individuals, in Friends of Frederick County v. Town of New Market, 224 Md. App. 185 (2015), the Court of Special Appeals held that the comprehensive plan for future development adopted by the Town of New Market complied with Maryland state law.

 

HTMLGeneral Assembly Broadens and Clarifies Exemptions to Statute That Taxes Transfers of Controlling Interests
Edward J. Levin, Y. Jeffrey Spatz; Gordon Feinblatt LLC;
Legal Alert/Article
August 19, 2016, previously published on April 2016
The Maryland General Assembly recently passed Senate Bill 597 and House Bill 1226, entitled Recordation and Transfer Taxes - Transfer of Controlling Interest - Exemption, which when signed by the Governor will revise the exemptions applicable to the taxation of transfers of controlling interests in...

 

Adobe PDFUS Government Expands Effort to Penetrate Secrecy In Residential Transactions Across NYC, Other Gateway Cities
Michael W. Galligan, Marc A. Landis, Tiberio Schwartz; Phillips Nizer LLP;
Legal Alert/Article
August 17, 2016, previously published on July 2016
In January of 2016, the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) has ordered certain title insurance companies to identify the individuals behind the purchase of residential real estate in Manhattan (New York County, New York) and Miami-Dade...

 

HTMLValue of a Federal Subsidized Lease Includes Considering the Tenant's Life Expectancy
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
August 16, 2016, previously published on April 2016
In Kirk v. Hilltop Apartments, LP, 225 Md. App. 34 (2015), the Court of Special Appeals held that federal subsidized leases containing automatic renewal provisions are of indefinite length, and therefore to calculate the value of the lease the monthly rent is to be multiplied by the tenant’s...

 


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