Jul 12, 2012 | Real Estate, Land Use & Construction Law
Self-Help. Ok or Not? “Self-help,” in a leasing context, typically refers to the landlord’s historical remedy of locking out a defaulting tenant and obtaining possession of the premises without going through judicial procedures. Traditionally under the common law, a...
Jun 22, 2012 | Real Estate, Land Use & Construction Law
In this series we have been examining a landlord’s duty to mitigate their damages after a default by the tenant. Earlier we looked at the laws in the District of Columbia and Virginia. An examination of Maryland’s law is below. Maryland Maryland courts...
Jun 4, 2012 | Real Estate, Land Use & Construction Law
This series focuses on a commercial landlord’s duty to mitigate their damges after a default by a tenant. Earlier we discussed the District of Columbia’s treatment of the duty to mitigate. A discussion with respect to the law of Virginia is below, with...
Jan 30, 2012 | Real Estate, Land Use & Construction Law
We will discuss the commercial landlord’s duty to mitigate damages after a default by tenant in Washington, D.C., Virginia and Maryland. First, Washington, D.C. is as follows. District of Columbia The District of Columbia essentially follows the traditional...
Jan 10, 2012 | Real Estate, Land Use & Construction Law
A Landlord’s Duty to Mitigate in Washington, D.C., Maryland and Virginia Under common law, a landlord had no duty to accept or procure a new tenant in order to mitigate damages (i.e., take reasonable action to avoid additional injury or loss) resulting from a...
Jun 22, 2011 | Real Estate, Land Use & Construction Law
A Virginia federal court has ruled that by proactively replacing defective drywall rather than waiting to get sued and found liable, a contractor was left without liability insurance coverage. This decision should send shivers down the spine of not just contractors,...
