Category Archives: Tenant Rights
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D.C. Superior Court Amends Landlord/Tenant Rules
On July 23, 2019, the Superior Court of the District of Columbia issued amendments to the Landlord and Tenant Branch Rules of Procedure. Generally, the amendments made stylistic changes that are consistent with the recent amendments to the Superior Court Rules of Civil Procedure (i.e., the replacement of the word "shall" with "must"). Along with the stylistic changes, the amendments made several ... Read More
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July Real Estate Update | Margaret Williams v. James Kennedy | Jane Robinson, Trustee v. Nels Nordquist
The District of Columbia Court of Appeals and the Supreme Court of Virginia have recently issued decisions which are significant for those in the real estate industry. Washington, D.C. On July 11, 2019, the District of Columbia Court of Appeals issued its decision in Margaret Williams v. James Kennedy regarding intra-owner transfers within the context of the Tenant Opportunity to Purchase Act ... Read More
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March Real Estate Update | Cushman & Wakefield of Maryland, Inc. v. DRV Greentec, LLC
The Court of Appeals of Maryland issued two recent decisions impacting landlord/tenant issues. Cushman & Wakefield of Maryland, Inc. v. DRV Greentec, LLC In Cushman & Wakefield of Maryland, Inc. v. DRV Greentec, LLC, filed on March 4, 2019, the Court of Appeals held that a commercial broker could not enforce an obligation to pay a commission against an owner’s assignee. In ... Read More
Emotional Support Animals in Cooperative Apartment and Condo Communities: What Every Association and Owner Should Know
By DAVID A. RAHNIS An emotional support animal (commonly referred to as an “ESA”) is a companion animal (typically a dog or cat) that provides therapeutic benefit to an individual with a mental or psychiatric disability. An ESA is not the same thing as a “pet”. Rather, for a resident of a Coop or Condo who is living with a mental ... Read More
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Commercial Tenant’s Lease – Estoppel and Attornment Considerations
A standard provision of commercial lease agreements is an agreement by the Tenant to execute estoppel certificates, and to attorn to a lender. An estoppel certificate is a statement from the tenant to either a lender or a prospective purchaser that clarifies: what property is leased (often includes square footage) the length term of the lease that the lease has or ... Read More
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Under TOPA, a Bona Fide Offer Cannot Be Based on Future Market Value
On September 22, 2016, in Parcel One Phase One Assoc.., LLP v. Museum Square Tenants Ass’n., Inc., No. 15-CV-609, the District of Columbia Court of Appeals affirmed the trial court’s grant of summary judgment in favor of the tenants’ association that Parcel One’s offer of sale was not a ... Read More
D.C. Court of Appeals: TOPA Extensions Must Be Defined To Preserve Tenant Rights
In an important new ruling construing the Tenants Opportunity to Purchase Act (“TOPA”), the D.C. Court of Appeals held on September 23, 2015, that extensions of the deadlines for a seller and a tenant association to negotiate a sales contract must be express and contain a definite end-date to ... Read More
DC Tenant Bill of Rights– Landlords to Amend Their Practices as of July 3!
In August of 2014, then Mayor Vincent Gray signed a bill into law that requires landlords to provide their tenants with a copy of the District of Columbia Tenant Bill of Rights. The District has long been seen as a relatively tenant-friendly city and this new law, effective ... Read More
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