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Commercial Real Estate Investment/Quiet Enjoyment and Retaliation Violation in md

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Question
Hello Jim, I have rented office space office 1 for 7 years and added office space 2 in 2010, so two years with both.  In 2010 the Property manager rented offices 3 and 4 to drug addict friends of his and they resided on the premises and did heroine, broke in my office, etc.  I both orally and written expressed concern for my safety and the community, but ignored. They eventually went into a rehab, and in June this year the AC broke and never repaired, although attempts made, no one knew how to fix it. Upon calling the property manager again to ask about the rest of the crack pipes and trash in the common hallway from the drug tenants, who had to pass my offices, I sell promo products, teeshirts, etc. spirit wear, I was told that I planted the drugs on the premises, and that the AC by law did not have to work. Although It has for 7 years, that was on Aug 31, a notice to quit and vacate was on door,I want to pursue for damages, but every attorney says no basis. This is so retaliatory and I have witnesses, and pictures of my offices. The past tenants were convicted felons, as well

Answer
Debbie:

I am sorry you had to get dragged into such a nightmarish situation.

Your situation demands that you immediately retain a skilled Landlord/Tenant legal specialist/attorney as events seem to be snow balling toward significant problems for you. Your landlord has a tenant problem that it cannot control - or does not wish to -  and is allowing it to get worse.

A skilled attorney can immediately get the landlord's attention focused on resolving this situation for you.  I am not an attorney and cannot give you legal advice regarding damages or if you have a good case for "constructive eviction".  I do not know how many attorneys are included in your expression "every attorney" in you correspondence, however, an objective attorney should quickly be able to end the spreading problems.  If you are short on funds, you might try contacting the closest law school to discover if they have any established law student organizations that could supply you with legal advice.   I assume you know to expect only subjective legal comments from the landlord or drug addicted neighbors.

Your lease problems have eclipsed any substantive help that I can provide you at this point.

Good luck.  Expect this situation to get worse before it gets better.  But do not wait to make meaningful efforts to mitigate your problems.

- Jim

Commercial Real Estate Investment

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Jim Avancena, CPM

Expertise

Best qualified to answer questions that involve commercial leases, that is, basic issues as well as the often unexpected effects of the complexities and inter-relationships of the provisions a lease may contain, explain how seemingly innocuous text in your lease can have a major impact on a Tenant or Landlord and their business operations, and the common practices utilized in the industry. I can untangle most matters that may come up from the time a tenant begins searching for a office or store space and the lease acquisition process, concerns related to remodeling/improving the leased premises, moving-in, subletting or assigning the leased space, and a long list of problems that may come up during the lease term and even after a tenant moves out. I have practical experience with most property management issues and resolving landlord and tenant disputes - especially those involving what may appear to be overcharges assessed for additional lease charges like CAM costs, operating expense reimbursement, real estate taxes, utilities, construction improvements etc. Note that I am not an attorney and cannot provide legal advice.

Experience

Thirty 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 participate in organizations with continuing and specific time requirements.

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 full pages) feature story on January 13, 1993; titled "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 in Maryland and the District of Columbia.

Awards and Honors
The same plaques and honors that most others in my industry have earned. I have none that I consider especially meaningful.

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.

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