Real Estate Law

Real estate law controls the rights, obligations, and framework for handling both commercial and residential property matters. In Maryland, and in Montgomery County, lawyers need to look at both the MD Real Property Code and the laws governing contracts when properly advising their clients on real estate law matters. At The Machin Law Firm, LLC, we handle all the contract negotiations that lay the foundation for a successful real estate transaction. Some matters call for drafting and reviewing or revising residential and commercial leases. It is important for clients to understand that the process for commercial and residential leases are different and contracts associated with such will not render the same results as they are subject to different laws and rules. Other matters in real estate law can cover problems within the landlord-tenant relationship, mortgages and foreclosures, title to real property, and various other related matters.

What are common areas of real estate practice?

  • Leases (commercial and residential)
  • Sales
  • Purchases
  • Title to real property
  • Settlement of claims against property rights
  • Landlord-tenant issues​

Our most common real estate matters revolve around leases and landlord-tenant issues. It is important that all parties to a real estate transaction be represented by a competent attorney who understands the differences between residential and commercial property transactions and how to best structure those transactions for their Client. Several factors need to be thoroughly considered and implemented into a lease to best suit a clients need.

In a residential lease, the landlord and tenant face many rules and regulations that must be followed and tend to favor the rights of the tenant. In Montgomery County, MD this is particularly true and any landlord would be wise to seek counsel to properly ensure that their working lease is compliant and favorable to the extent permitted by the law. There are many nuanced elements of the laws governing what can and cannot be included in a lease and it is important for the landlord to understand how best to compose a lease agreement, accordingly. On the contrary, tenants entering an agreement should know what parts of a lease are enforceable, which parts may not be, and what actual legal remedies may be available to them.

In a commercial lease, it is so important to be represented by counsel because so much of the lease can be negotiated. Critical aspects that a competent attorney will seek to negotiate for you regardless if you are the landlord or tenant include:

  • Parties to the lease: This aspect governs who should be responsible for payment, who will be held liable for any breaches of the lease, and in what legal capacity a party to the lease is acting.
  • Term of the lease: The duration of the lease is a critical aspect of the lease negotiation because it provides security to the parties to be able to depend on the lease. The term of the lease can be subject to many conditions or exceptions and should be thoughtfully considered.
  • Rent: Negotiating rent can make or break a deal and can be approached many different ways. There are several methods landlords will want to use in calculating the cost of rentable space versus the ways that will seem more fair to the tenant. Rent is also a point of contention as it relates to price increases over the term of the lease and how those increases will be determined.

If you need help dealing with real estate transaction whether commercial or residential, The Machin Law Firm, LLC understands the goals of both sides to a transaction. We work with all of our clients to achieve these goals.

  • Property development
  • Zoning and land use
  • Financing
  • Mortgages
  • Foreclosures