Jeffrey Romanick, partner at Gross & Romanick, P.C., prevailed on January 26, 2010 at a rehearing of an eviction of a restaurant in Baltimore (Maryland) City District Court.
The Tenant, who was evicted January 15, 2010 for non-payment of rent, requested and received three separate hearings after the originally scheduled eviction date and time in the attempt to prevent or undue the eviction. Mr. Romanick successfully won all of the hearings. During the most recent three hour hearing, the tenant's lawyer argued that the rent had been cured at the time that the writ of restitution was filed and that the tenant should be given the opportunity to cure the rental default. Mr. Romanick effectively presented factual evidence and legal argument sufficient to prevail at the hearing.
Because of a threatened protest by the Tenant's customers and friends, Edward Gross (managing partner at Gross & Romanick) arranged for a bodyguard to accompany the Landlord's chief witness.
The grateful Landlord's property manager circulated the following message: "I'm pleased to report that the judge awarded in favor of the Landlord and that the eviction was not reversed. Jeff did a wonderful job in court today to secure a successful outcome for Landlord. The hearing was long but without incident. (The bodyguard) who [accompanied] me to hearing was very helpful. Thanks to the entire group!!"
Gross & Romanick, P.C. is a very experienced law firm, handling commercial landlord matters. Phone: 703-273-1400; Website:www.gross.com
Showing posts with label commercial evictions law. Show all posts
Showing posts with label commercial evictions law. Show all posts
Wednesday, January 27, 2010
Thursday, November 13, 2008
Important Commercial Eviction Deadlines
During a commercial eviction procedure there are important deadlines that landlord must meet in order to successfully evict a tenant. Some of them are as follows:
Notice of Default
There are no 5 day statutory notice requirements as in residential evictions. However, all notices required by the lease must be satisfied before filing the Unlawful Detainer.
Service of Unlawful Detainer
Must be made 5 days prior to first return date.
Removal
Tenant may seek to remove the case to the Circuit Court but must do so within 10 days after the first return date. If this occurs, be sure to demand that the tenant post a bond for future rent.
Appeal
If either tenant or landlord wants to appeal the General District Court trial verdict, a notice of appeal must be filed within 10 days; or, 30 days from a Circuit Court judgment.
Writ of Possession
If the court awards possession to the landlord, the Writ of Possession can be filed after 10 days. But, many clerks of court will not issue a Writ of Possession after 60 days.
Sheriff's Return
The sheriff must evict the tenant or return the writ of possession to the court without eviction within 30 days. Don't delay or Landlord may have to start the eviction all over again.
*** The above article is not meant to replace legal counsel. If you'd like legal representation for your specific situation, please contact Gross & Romanick today by filling out the online form, emailing law@gross.com, or by calling (703)273-1400.
Notice of Default
There are no 5 day statutory notice requirements as in residential evictions. However, all notices required by the lease must be satisfied before filing the Unlawful Detainer.
Service of Unlawful Detainer
Must be made 5 days prior to first return date.
Removal
Tenant may seek to remove the case to the Circuit Court but must do so within 10 days after the first return date. If this occurs, be sure to demand that the tenant post a bond for future rent.
Appeal
If either tenant or landlord wants to appeal the General District Court trial verdict, a notice of appeal must be filed within 10 days; or, 30 days from a Circuit Court judgment.
Writ of Possession
If the court awards possession to the landlord, the Writ of Possession can be filed after 10 days. But, many clerks of court will not issue a Writ of Possession after 60 days.
Sheriff's Return
The sheriff must evict the tenant or return the writ of possession to the court without eviction within 30 days. Don't delay or Landlord may have to start the eviction all over again.
*** The above article is not meant to replace legal counsel. If you'd like legal representation for your specific situation, please contact Gross & Romanick today by filling out the online form, emailing law@gross.com, or by calling (703)273-1400.
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