Legal Question in Civil Litigation in Maryland

i bought a cafe in june 2009 and signed an exsisting lease thru 2013. didnt take long to realize that this was a huge mistke. the cafe was losing money from day one. starting in Aug 2009 i called the landlord to try to get some relief on the rent but they said no that i signed a lease and that was that. all they could do is find someone to take over. i wasnt ready for that just yet. so to keep the cafe going i exusted my lifes savings and my retirement. In Oct 2009 i call the landlord and informed him that i was putting the cafe up for sale. By Dec 2009 i had no buyers and had no choice but to close. We went out of business. Now 14 months later the landlord is taken me to court. I was served papers today, a Writ of Summons, and i know i have 30 days to give the court a written response. The landlord is seeking 53.569.11 in past due rent. But at the time we closed the business i was up to date on the rent. Also they are seeking interest and attorney fees. My question is can they get this from me. There is no way i can affored that. i am on disability because of a back injury and i am barely making ends meet. My lifes savings is gone and so is my retirement. And i am 70,000.00 in credit card debt. all because of this bad choise i made. What should i expect out of this? At this time i cant even afford an attorney to defend me


Asked on 3/25/11, 1:52 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

If you signed the lease in your individual capacity or guaranteed it as such, which is probably likely, the landlord can sue you for unpaid rent, and any late charges or collection costs (attorney fees) called for in the lease. They landlord does have a duty to mitigate his losses by making a good faith effort to find a replacement tenant, and if he hasn't that might be a defense in court to some of the unpaid rent. You should contact your county bar association and inquire about a pro bono or reduced fee attorney, and you should also consider filing for bankruptcy, which will prevent the suit from going to court.

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Answered on 3/28/11, 8:59 am


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