In the News
When Silence Isn’t Golden: Implied “Commercially Reasonable”
Duties on Commercial Landlords in DC, Maryland, Virginia, and Florida Commercial leases are heavily negotiated documents, but even the most carefully drafted lease leaves gaps. Two of the most litigated gaps are what happens when a tenant defaults and abandons the space, and what happens when a tenant asks the landlord to consent to an assignment or sublease. In both situations, landlords often assume that silence in the lease means they have unfettered discretion. Courts in DC, Maryland, Vi...
When Buying Property in Virginia, Insist on a General Warranty Deed with English Covenants of Title
Of all the paperwork in a real estate closing, the deed itself gets the least attention - everyone is focused on the loan documents, the settlement statement, the inspection report. But the deed is the one document that determines what protection you, the buyer, actually have if a title problem surfaces after closing. In Virginia, not all deeds are created equal, and the difference can matter enormously. Three Levels of Protection, Not Two Sellers and their counsel will sometimes offer a ...
CHANGING YOUR DOMICILE TO SAVE ON LOCAL TAXES
A guide to leaving a high-tax state — how have you handled “the move”? Every year, a predictable migration of people who move from the high-taking states of New York, Maryland, California, New Jersey, Connecticut, Illinois, and Massachusetts and relocate into the nine states that currently impose no personal income tax: Florida, Alaska, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, and Wyoming. The tax savings can be real and substantial. What is not auto...
IN THE DISTRICT OF COLUMBIA, DON’T COUNT ON A LETTER OF INTENT NOT BEING BINDING!
Every deal begins somewhere short of a signed contract. A term sheet, a letter of intent, a memorandum of understanding — call it what you like — is the document parties exchange to memorialize where they have landed before lawyers draft the definitive agreement. The document almost always says, in one form or another, that it is “not binding” and “not enforceable.” Clients treat that sentence as a force field. It is not. Courts across the country, including in the District of Colum...
The “Caveat Lessee” Doctrine in Commercial Leasing
Weiss LLP | September 2, 2026 “Caveat lessee” — “let the lessee beware” — is the common-law rule that a commercial landlord makes no implied warranty that leased premises are fit, safe, or suitable for the tenant's intended use. Absent an express covenant, fraud, active concealment of a latent defect, or a governing statute, a commercial tenant takes the premises as found and bears the risk of their condition and suitability. The doctrine traces to agrarian leases, wh...
THE 30 SECOND QUIZ: SECTION 1031 “DEFERRED EXCHANGES” – IS IT RIGHT FOR ME?
ANSWER THESE 5 QUESTIONS AND YOU WILL HAVE GUIDANCE IN 30 SECONDS. 1. Do you intend to reinvest in another property knowing that you won’t have the balance of those funds after payment of income tax? 2. Is your expected gain large enough that deferring the tax is worth any added complexity and cost? 3. Will you be able to identify replacement property within 45 days of closing on your sale and if so, can you then close on that property within 180 days of your sale or by your ta...
The $30 Million Sweet Spot: Why 1031 Exchanges Pair So Well With Basis Step-Up
Real estate investors have used Section 1031 exchanges for decades to defer capital gains tax on the sale of investment property. What often gets less attention is what happens when that deferral runs into estate planning — and for married couples whose combined estate falls at or under the current federal estate tax exemption, the combination can eliminate the deferred tax altogether rather than merely postponing it. How the deferral works. Under Section 1031, an owner who sells rea...
When Covenants Not to Compete Are Unenforceable in Maryland
Maryland permits non-compete agreements in some circumstances, but recent legislation and longstanding court decisions have significantly limited their enforceability. By statute, non-competes are unenforceable against employees earning less than 150% of Maryland's minimum wage (approximately $49,920 annually as of 2026). Non-compete agreements for licensed veterinarians and veterinary technicians are also void, regardless of compensation. In addition, healthcare professionals who provide di...
Virginia Employment Law Update: Key Changes for Employers
Virginia employers should be aware of several significant workplace law changes enacted during the 2026 legislative session. The new laws expand employee protections and create additional compliance obligations for businesses across the Commonwealth. Paid Family and Medical Leave: Virginia has established a statewide Paid Family and Medical Leave ("PFML") program, allowing eligible employees to receive paid leave for qualifying family and medical reasons. While implementation will occur over...
THE GOVERNMENT GIVETH … AND IT TAKETH AWAY – Your Social Security Benefits Are Likely Taxable!
_____ Despite what most think, Social Security benefits are likely not tax-free. Remember – while you and your employer a wage tax (FICA) of 15% on all wages, once paid, Social Security benefits are likely taxable depending upon your income. For these purposes, “income” is defined as adjusted gross income, plus nontaxable interest income, plus half of your social security benefits. To find the figure for your adjusted gross income, see line 11 on your IRS Form 1040. If your total ...