Commercial Landlords Can’t Surprise Tenants With Eviction Notices
Renting out real estate properties sounds like it brings passive income, but it is much more work for the landlords than the term “passive income” suggests. Landlords who own even one rental property complain frequently about how troublesome their tenants are. Even one tenant can require thousands of dollars in repairs, and countless hours of hassle. Furthermore, evicting a troublesome tenant is a long and labor-intensive process. It makes sense to give residential tenants plenty of notice and plenty of chances to resolve conflicts and fulfill financial obligations before proceeding with the eviction; kicking someone out of their home and putting them out on the street is not something to take lightly. Until recently, the law was more ambiguous about commercial tenants. Evicting a commercial tenant also affects human beings; it disrupts their plans and causes them emergency expenses, and these effects ripple downstream from the person authorized to sign checks on behalf of the business to all the employees who receive these checks. The Maryland Supreme Court recently issued a decision prohibiting landlords from surprising commercial tenants with eviction notices. If you are a business owner at loggerheads with your commercial landlord, , contact a Washington, D.C. small business lawyer.
Maryland Supreme Court Rules in Favor of Commercial Tenant Evicted Without Notice
In 2026, the Maryland Supreme Court ruled on a dispute between a retail store that sold beer and wine and the commercial landlord where the store had rented a space. The rental contract required the tenant to pay base rent, plus an assortment of other charges referred to in the contract as additional rent; the additional rent charges included utilities, late fees, real estate taxes and attorneys’ fees. From the time the tenant moved in in March 2023, it always paid the base rent on time, but it became delinquent on some of the additional rent obligations.
In August 2024, the landlord filed for summary ejectment, only notifying the tenant afterward, and the tenant was evicted. A legal dispute ensued. The tenant claimed that they did not know that they were delinquent on additional rent obligations and that the landlord had not notified them about how much they owed until after the eviction filing. In Maryland law, the protections for residential tenants are stronger than the protections for commercial tenants, regarding notice requirements before eviction.
In 2026, the Maryland Supreme Court ruled that the landlord had wrongfully evicted the tenant by not notifying it about how much it owed and why. It noted that the landlord’s records regarding additional rent were inconsistent. The Supreme Court remanded the case to the lower court and instructed the lower court to make findings to determine how much the parties owe each other.
Contact Tobin O’Connor Concino P.C. About Disputes Between Business Owners and Landlords
A Washington, D.C. small business law attorney can help you if your commercial landlord is threatening to evict you or has evicted you from your place of business. Contact Tobin O’Connor Concino P.C. in Washington, D.C. or call 202-362-5900.
Source:
mpamag.com/us/specialty/commercial/maryland-court-blocks-commercial-landlords-from-springing-surprise-eviction-charges/573671
