AboutJim Avancena Expertise I am best qualified to answer any questions that involve commercial leases, the complexities and inter-relationships of the myriad provisions that a lease may contain, and explain how they commonly effect a landlord or tenant in their day-to-day business operation. I can explain most matters that will come up during of the full lease cycle from standard industry practices regarding the lease acquistion process, concerns related to remodeling/improving the leased premises, moving-in, subletting or assigning the leased space, and a long list of other problems that may come up during the lease term. I have practical experience with most property management issues and resolving landlord and tenant disputes. Note that I am not an attorney and cannot provide legal advice.
Experience Twenty-eight years active experience in the commercial real estate industry as a licensed real estate broker in the Washington DC Metro area(DC, Northern Virginia & Maryland). I have been admitted (approved) by the Maryland and DC courts to testify as an expert witness on the subjects of Commercial Leasing and Property Management in the area of standard industry practices. I have had a business for the last 14 years advising virtually every form of business entity from large national corporations to the smallest ma & pa new businesses regarding a wide range of commercial real estate matters in addition to property management and commercial leasing.
Organizations Currently my three children keep me so busy that it is difficult to find time to participate in organizations.
Publications I publish a local commercial real estate newsletter titled: "Tenants First". My firm was the subject of a high profile Washington Post business section cover page (2.25 page)feature story on January 13, 1993; "Overcharging Overhead".
Education/Credentials BA in Political Science from Memphis University, and five years of study in the real estate development summer program at MIT. I was certified as a commercial property manager (CPM-IREM), and currently hold a brokers license licensed in Maryland and the District of Columbia.
Awards and Honors Routine, the same plaques and honors that most others in my industry have earned, none that are significant.
Past/Present Clients Past clients include: The World Bank, George Washington University, National Association of Criminal Defense Attorneys, US Department of Commerce, The American Benefits Council, K-Mart Development, many law firms, a national union, other major organizations, and many, many small business firms and retail operators that I am most honored to serve. I estimate more than 1,500 firms/organizations.
Question Dear Jim
We just received a summons from a big Mall against my husband and myself as well as Subway for default of 104000 back rent and 600000 to fulfill obligations to a subway we sold 5 years ago in a mall. We. Never opened the site we sold it in 12.04 to another party that subway found for us when we did not want to continue, subway amended the memorandum lease with those persons as sublsees.and filed it on record in town. The big problem is we signed with the big mall as guarantors initially and subway never changed us off the big malls guaranty paperwork. We are shaking upset, the store was sold 2x and closed down this May 09. We had no clue about any of this untill this lawsuit yesterday. Please tell me this big mall has no case with us just Subway the leaser of the property, Please respond
AsaP thank you
Answer Jackie-
I wish I could be of help, however, I am not an attorney.
It sounds as if the gravity of the case against others is much stronger than the case against you and your husband. The best thing to do is to hire an attorney to examine your position in this matter and advise you how to proceed.
I know that often a party will file a lawsuit and name every party even remotely involved in an action hoping that someone named will have assets that they can try to control. That is not the same as having a real case against everyone that is named in the litigation.
You should ask and attorney with experience in the type of law involved to review your guarantor's liability - if any - and advise you and your husband of any exposure in the case.
