Samantha Chan

by Samantha Chan

Howard County Enacts New 14-Day Eviction Notice Requirement for Residential Landlords

Under Maryland law, landlords are generally required to provide residential tenants at least six days’ notice before a sheriff executes a warrant of restitution (eviction). Maryland law also allows local jurisdictions to increase that notice period to as many as fourteen days.

Howard County Bill No. 12-2026, titled Landlord-Tenant Relations – Eviction Notice Requirement, creates new notice obligations that apply after a court issues a warrant of restitution in a residential eviction case in Howard County. The legislation expands the required notice period from six (6) days to fourteen (14) days within Howard County and imposes additional documentation and delivery requirements on landlords. The bill was approved by the County Executive on March 10, 2026

The County stated that the purpose of the law is to give tenants additional time to seek housing assistance, connect with homelessness prevention resources, obtain legal counsel, and make alternative living arrangements before eviction.

Practically speaking, the new law adds several compliance requirements for landlords. In addition to providing at least 14 days’ notice, landlords must now:

• Send notice by first-class mail with certificate of mailing;
• Post the notice on the property and retain a date-stamped photograph; and
• Send notice by email or text message if tenant contact information is available.

The law imposes civil penalties for landlords who fail to comply with the new notice requirements. Howard County landlords and property managers should review and update their eviction procedures to ensure compliance before pursuing residential repossessions.

If you are a landlord, property manager, or housing provider with questions about eviction compliance, lease enforcement, or residential landlord-tenant litigation in Maryland, contact LOHM for guidance tailored to your business and properties.

by Samantha Chan

New Prince George’s County Business Fees

Prince George’s County recently enacted CB-017-2026, a law establishing new use and occupancy permit fees for certain categories of businesses. As this law moves into implementation, affected business owners should understand how it may impact their operations and planning.

What Is a Use and Occupancy Permit?

A use and occupancy (U&O) permit is issued by the County to confirm that a business location complies with zoning, safety, and code requirements and is authorized to operate.

Most businesses already need this permit, particularly when opening a new business, changing tenants or ownership, and/or changing the use of a property. CB-017-2026 builds on that existing framework by adding new fees for certain types of businesses.

What Does CB-017-2026 Do?

The law establishes specific use and occupancy permit fees for certain business categories, such as annual or renewal fees tied to those permits. According to the Act, the purpose of this bill and renewal fees is to establish a non-lapsing “Quality of Life Improvement Fund.”

In practice, the legislation imposes a $5,000 annual fee on certain businesses, including:

• Liquor stores
• Tobacco shops
• Firearms dealers
• Self-storage facilities

If your business falls within one of these categories, you will need to budget for this recurring fee, and your current use and occupancy permit may include additional requirements or renewal conditions

Practical Implications for Business Owners

1. Increased Operating Costs

A $5,000 annual fee is a meaningful expense, particularly for small or independently owned businesses. Owners should take time to evaluate how this added cost affects their margins, pricing structure, and overall sustainability. Factoring this fee into long-term business planning is now essential, especially for businesses operating in already competitive markets.

2. Compliance Matters More Than Ever

Because this fee is tied to a regulatory permit, compliance becomes even more important. Business owners should ensure that their use and occupancy permit remains current and accurately reflects how the business is operating. Any changes in ownership, structure, or use of the property should be properly documented and reported to the County to avoid complications or potential enforcement issues.

3. Impact on Buying or Selling a Business

This change also has implications for transactions. If you are purchasing a business or buying into an existing operation, it is important to confirm whether the business is subject to the new fee and whether its use and occupancy permit is in good standing. Any outstanding compliance issues should be identified early. What may have previously been a routine regulatory check is now a meaningful part of due diligence that can affect the overall value and viability of the business.

Final Thoughts

CB-017-2026 is now part of the regulatory landscape in Prince George’s County. For affected businesses, the focus should be on understanding the requirements, maintaining compliance, and planning for the added cost.

by Samantha Chan

Management Agreements During Business Acquisitions

When a business is being acquired, there is often a time period between signing the deal and closing the transaction. During this interim period, buyers and sellers sometimes make arrangements for the buyer to gradually begin taking over some aspects of the day-to-day operations. This type of informal arrangement is especially common in the acquisition of a small business. This kind of information arrangement can easily result in liability issues and disputes between the parties, however, and often is a very bad idea.

Until an acquisition transaction closes, the anticipated seller still owns the business. The selling party remains legally responsible for operations, employees, contracts, and any potential liabilities – and this remains true even if the anticipated buyer has informally started to step into a management role. The desire for a smooth transition can sometimes be accommodated, while reducing the risks of an information arrangement, by putting in place a well-drafted Management Agreement that clearly defines each party’s rights and obligations.

The specific provisions to be included in your Management Agreement will vary depending on the nature of the business and the structure of the transaction – but here are some starting points to guide that discussion.

1. Decision-Making Control and Decision-Making

In small businesses, such as family-run restaurants, liquor stores, and medical practices, the line between ownership and operations is often blurred during this interim period.

A well-drafted Management Agreement should clearly define:

• Who is responsible for daily operations;
• What decisions the buyer can make independently; and
• What decisions still require seller approval.

Even if the buyer is stepping in to “run the business,” the seller will still want (and likely need) to retain final say on major issues until closing of the transaction is completed.

2. Seller Transition Role and Compensation

In many small business transactions, the seller is not just exiting the business, but may be actively training the buyer on the day-to-day operations.

A well-drafted Management Agreement should document:

• Whether and to what extent the seller will remain involved during the transition;
• The scope of training or consulting (e.g., vendor relationships, licensing, patient/customer management);
• Whether the seller will be compensated (salary, consulting fee, or management fee); and
• The expected time commitment.

Without clear terms, disputes often arise over whether the seller is “helping out” or is entitled to compensation for their continued involvement.

3. Revenue, Expenses, and Inventory

During the interim period, the buyer may spend significant time operating the business, and in some cases, may even improve business performance before closing.

The strong Management Agreement should address:

• Who is entitled to the business’s income during the interim period (typically the seller);
• Who is responsible for operating expenses;
• Who is responsible for purchasing and maintaining inventory; and
• How cash flow is to be handled.

These provisions should be explicit to avoid any dispute between the parties.

4. Duration and Termination

Not all transitions are the same. Some businesses require a longer ramp-up period, particularly where licensing, relationships, or specialized knowledge are involved. To manage expectations for both parties, the Management Agreement should consider:

• When the agreement begins (typically upon signing) and when it ends (typically at closing);

• Whether compensation terms should reflect any extended involvement; and
• What happens if the transaction does not close, including unwinding operational control and payment for services rendered.

Most parties enter into a business sale with good intentions – but during a pre-closing transition period, even well-intentioned arrangements can go sideways. The bottom line is that ownership has not yet transferred before closing, but day-to-day control has already begun to shift. A well-drafted Management Agreement helps bridge that gap. It protects both parties, ensures that everyone is aligned on roles and expectations, and helps the parties address potential issues before they arise, including what happens if the deal does not conclude as planned.

If you are in the process of acquiring or selling a business, the experienced business law attorneys at Lewicky, O’Connor, Hunt & Meiser are available to guide you through each step of the transaction—from initial structuring through closing and transition.

by Samantha Chan

How Procedural Rules Preserve Your Options in Court

Many people think court cases are decided by dramatic testimony, persuasive arguments, or who is “right.” All of these things may be decisive in some cases, but in many cases, the path to a positive outcome has much to do with understanding and following court procedural rules.

One common frustration I hear from clients is that litigation doesn’t work the way they expect it to.

“Why do we have to file all these pleadings and motions if I already have the photos, evidence, and documents to show the judge I’m right?”

While pleadings, motions, and discovery may feel unnecessary to someone who doesn’t work in the legal system, procedural rules frequently control how a court is even permitted to decide a case.

An example I saw in practice recently illustrates the importance of filing a counterclaim in an appropriate case. A counterclaim is a claim asserted by the defendant against the plaintiff in the same case. Procedurally, it transforms the defendant from a purely reactive party into one with an independent claim for relief. That distinction matters more than most people realize.

A Real‑World Example from Family Law

Consider a divorce case:

The plaintiff files a complaint for absolute divorce. The defendant files an answer and a counterclaim for absolute divorce. Both pleadings allege essentially the same facts and request the same relief: that the parties be divorced. At first glance, the counterclaim may seem unnecessary. But timing and procedural posture can change quickly.

In one recent case, on the day of the hearing, the plaintiff decided she was not ready to proceed with the divorce. Had the defendant only filed an answer, without also filing a counterclaim, the court would have been left with no pending claim from a party ready to move forward. But because the defendant had filed a counterclaim, the court still had a live, ripe claim before it. The judge was able to proceed and grant the divorce based on the defendant’s counterclaim, even though the plaintiff no longer wished to go forward that day. That is the power of a counterclaim.

The Broader Lesson: Procedure Preserves Your Options

This principle is not unique to divorce or family law. Similar issues arise across civil litigation:

• Contract disputes: A defendant who agrees that money is owed but believes the plaintiff breached the contract first. Without a counterclaim, the court may only proceed with the plaintiff’s claims.
• Partnership/shareholder disputes: A business owner is removed from a company but fails to file a counterclaim alleging that the removal violated the company’s governing documents. By failing to assert that claim at the outset, the owner may lose the opportunity to challenge whether the required procedures were followed.
• Landlord‑tenant cases: A tenant agrees that rent has not been paid, but failing to file a counterclaim asserting habitability issues may prevent the court from considering those issues at all.

In each of these situations, the underlying facts may be straightforward, but the procedural posture could determine the outcome. If you are involved in litigation or responding to a lawsuit, understanding the procedural landscape may be critical. An experienced attorney’s role is not only to advocate on the merits, but to protect your ability to obtain relief by navigating those rules correctly.

by Samantha Chan

Starting a New Business in Maryland

The beginning of a new year is a popular time to launch a business. Whether you’re expanding on an existing idea or starting from scratch, the early planning stages involve many exciting decisions. But it’s important not to overlook the legal groundwork of starting a new business. A solid legal foundation can save you significant time, money, and stress if issues arise later. As you map out your next steps, here are key considerations:

1. Choose the Right Business Structure

Maryland offers several options, each with different liability and tax implications:

• LLCs – The most common for small and mid-size businesses. Popular because it may shield individuals from personal liability.
• Corporations – Better for companies seeking investors or issuing stock.
• Sole Proprietorships/Partnerships – Easy to set up, but offers little to no personal liability protection.

Filing with the Maryland Department of Assessments and Taxation (SDAT) is only the first step when starting your new business. The structure you choose affects ownership rights, management, and how disputes will be handled later on.

2. Don’t Skip the Operating Agreement

An LLC without a written operating agreement is vulnerable. Maryland law recognizes these agreements, and courts rely heavily on them during disputes.

Your LLC operating agreement should clarify:

• Ownership percentages
• Voting and decision-making
• Profit distribution
• Buy-out provisions
• What happens if owners disagree or someone leaves

Many lawsuits arise from businesses formed with handshake agreements or online templates. A tailored operating agreement may significantly reduce that risk. If your company is structured as a corporation, then it is required to have written bylaws.

3. Use Clear, Written Contracts

Every business relationship should be documented: vendors, contractors, employees, and partners. Written contracts protect expectations and reduce misunderstandings.

Important terms include:

• Payment and deadlines
• Scope of work
• Termination rights
• Venue and dispute-resolution language
• Intellectual property and confidentiality

Even simple agreements help prevent disputes and protect your rights if one occurs.

4. Keep Good Records From Day One

New businesses often overlook evidence preservation, but maintaining good records can help resolve problems if a dispute arises later.

Build good habits early:

• Use accounting software
• Keep receipts, emails, and contracts organized
• Store digital records securely
• Have a document-retention policy

Strong record-keeping makes your business more efficient and better protected.

Whether you are just starting to form your business or are already in the thick of running it, Lewicky, O’Connor, Hunt, and Meiser has a team of experienced business attorneys who can assist you both in preventing problems before they arise and in navigating issues when they do. Schedule your consultation today for help keeping you and your business on track.

Disclaimer: Any questions regarding tax obligations, consequences, or planning should be directed to a qualified tax attorney, accountant, or other licensed tax professional. This article does not provide detailed or comprehensive information about taxation matters.

by Samantha Chan

Expert Witnesses in Litigation

When pursuing a civil lawsuit, there may be times when it is critical to have an expert witness testify on your behalf. An expert witness is someone with specialized knowledge, training, or experience in a particular field who can help the court understand complex issues. The type of expert you may need depends on your case and the facts you’re trying to prove (or the defenses you’re asserting). Here are just a few examples of disputes and the types of expert witnesses often called upon:

Business Dispute

In a business dispute, parties might rely on business valuation experts or forensic accountants to explain financial records, assess damages, or determine fair market value.

Personal Injury Case

In personal injury cases, experts may include medical professionals, accident reconstructionists, or physical therapists.

Family or Divorce Litigation

In family or divorce litigation, attorneys often work with vocational experts or pension valuators to clarify income potential or asset division.

Each case is unique, and the type of expert you may need depends on the specific facts, issues, and goals involved. While many cases do need expert witness testimony, some lawsuits don’t require it.

When an Expert Witness is Allowed and Beneficial

Under Maryland Rule of Civil Procedure 5-702, expert testimony is admissible if it “will assist the trier of fact to understand the evidence or to determine a fact in issue.” In plain terms, experts are brought in when the subject matter goes beyond what the average person would reasonably know. A qualified expert can translate complex data, financial analysis, or technical knowledge into understandable, credible testimony that supports your position. They can also lend credibility to your case by offering an objective, professional perspective based on specialized experience.

Litigation can be expensive, and retaining an expert witness adds another significant cost. When an expert is necessary, it’s important for your attorney to interview them and ensure they have appropriate qualifications and communication skills, since the expert will be instrumental in presenting technical information to the court. Choosing whether to hire an expert is a decision that should be made thoughtfully with your attorney, based on your goals, budget, and the strength of your evidence.

Don’t Navigate Your Case Alone

An expert witness isn’t a magic wand, but they can be the difference between confusion and clarity, between speculation and proof. Whether you’re dividing marital assets, valuing a business, or proving damages in a complex dispute, the strategic use of expert testimony can strengthen your case and improve your chances of a fair outcome.
As an attorney at LOHM, part of my job is to identify when that extra layer of professional insight could make the difference, and to help you find the right expert for your situation.

by Samantha Chan

What Maryland Landlords Should Know About Failure to Pay Rent Court

If a tenant falls behind on rent, Maryland law allows landlords to recover possession of the property through a Summary Ejectment, also known as a “Failure to Pay Rent” case. The process is streamlined and moves quickly, but there are several important steps a landlord must follow to succeed. Here’s what landlords need to know.

Step 1: Give the 10-Day Notice

Before filing, landlords must serve the tenant with a written Notice of Intent to file for eviction. The notice must state the amount owed and warn that the landlord may file in the District Court of Maryland if payment is not made. Some counties have specific notice forms, and landlords should always keep proof of service.

Step 2: File the Complaint

After the 10 days, the landlord may file a Complaint for Repossession of Rented Property in the District Court of Maryland in the county where the property is located. To proceed, the property must:

• Be properly licensed and registered, if required by the county or city;
• Have a valid Maryland Department of the Environment (MDE) lead certificate (for pre-1978 properties); and
• Include a statement certifying that the tenant is not on active military duty and in compliance with the Servicemembers Civil Relief Act (SCRA).

Step 3: The Court Hearing

Hearings are typically scheduled within 5 to 10 days after filing. The landlord should bring a rent ledger, lease, proof of the 10-day notice, and all licensing documents. If the judge finds rent due, they will enter a judgment for possession and, in some cases, a money judgment for the unpaid rent.

Tenants generally have the right of redemption, meaning they can remain in the property if they pay all rent due and court costs before the eviction takes place. This right does not apply if the tenant has had three or more prior judgments for nonpayment within the past 12 months.

Step 4: Warrant for Restitution

If the tenant does not pay or move out, the landlord may request a Warrant for Restitution within 60 days of the judgment (and as soon as 7 days after judgment). This warrant authorizes the sheriff to schedule and carry out the eviction.

Landlords must provide at least 6 days’ written notice to the tenant before the scheduled eviction, and the sheriff may require proof that proper notice was given.

Self-help evictions, such as changing locks, removing property, etc., are illegal in Maryland for residential properties. Leaving pets unattended outside during an eviction is also prohibited.

Final Thoughts

Failure to Pay Rent court moves quickly, but preparation matters. A well-prepared landlord is far more likely to recover rent or possession without delay. Every property and situation is different. Consult an attorney to ensure compliance with state and local requirements — our office is here to help.

by Samantha Chan

Mediation: An Alternative Way to Resolve Disputes

Not every disagreement has to turn into a courtroom battle. Mediation offers a less formal, less intimidating way to address conflicts—whether it’s a business dispute, a family issue, or an employment matter.

What is mediation? It’s a process where a neutral mediator helps everyone talk through the problem and work toward a solution. The mediator doesn’t decide who’s right or wrong, or who wins or loses (unlike a judge). They simply guide the conversation so the parties can reach an agreement that works for them.

The core principles of mediation:

• Voluntary – You choose to mediate and decide whether to settle.
• Neutral – The mediator doesn’t take sides.
• Confidential – What’s said in mediation stays in mediation.
• Flexible – You craft the solution instead of having one imposed by the courts.

When can mediation happen?

• Before litigation – to avoid the expense, stress, and time of court.
• During litigation – if a judge orders mediation or both sides agree to try it.
• Anytime in between – mediation can happen at virtually any stage of a dispute.

What kinds of disputes can be mediated?

Almost anything—contract claims, family disagreements, business conflicts, workplace issues, and more. If people are willing to have a conversation, mediation can help.

Attorney Samantha Chan from our law office is a Maryland-trained mediator and attorney.  She can serve as a neutral mediator to help parties reach a resolution—or, if you already have a mediator, she also represents clients navigating mediation as part of their legal strategy.

by Samantha Chan

Understanding the Litigation Discovery Process

When people think about going to court, they often imagine a dramatic trial with witnesses on the stand and lawyers making compelling arguments. They may not realize that most of the critical work in a civil lawsuit happens long before a trial—in a stage of the litigation process called “discovery.” In Maryland civil cases, discovery is governed by the Maryland Rules of Civil Procedure. The discovery phase of a lawsuit allows both sides to gather and exchange information needed to prove (or defend) their case.

The governing principle of the discovery process is to avoid “trial by surprise.” The process is intended to give each side access to relevant information and documents, so they can build their arguments and evaluate the strengths and weaknesses of their case. If you’re involved in a lawsuit in Maryland, here are the five main tools of discovery that may be used:

1. Request for Production of Documents

This allows a party to call upon the other side to produce specific documents, data or things in their possession, custody, or control. For example, in a contract dispute, one side might request copies of emails, invoices, or signed agreements. These requests must be responded to within a set time, and objections to particular requests must be explained.

2. Interrogatories

Interrogatories are written questions that one party sends to the other. The responding party must answer them under oath, within a set period of time. These questions help clarify the other side’s position, identify witnesses, or uncover the basis for their claims or defenses.

3. Requests for Admission

A request for admission asks the other party to admit or deny certain statements of fact or the authenticity of documents. These are available in Circuit Court lawsuits, and are useful for narrowing down the issues that need to be proven at trial. If a party fails to respond to a request for admission, the statement may be deemed admitted for purposes of the trial.

4. Depositions

Depositions involve taking sworn, out-of-court oral testimony from a party or witness, under oath and recorded by a court reporter. Lawyers use depositions to explore a person’s knowledge of the case, lock in their testimony, or evaluate credibility. Depositions are a powerful tool because they allow for follow-up questions in real time. They are available in Circuit Court lawsuits, but not in District Court of Maryland lawsuits.

5. Subpoenas to non-parties

Subpoenas are legal orders attorneys use to obtain documents or testimony from persons or organizations that are not parties to the lawsuit. For instance, an attorney might subpoena bank records or surveillance footage from a business. Like other discovery tools, subpoenas must comply with detailed procedural rules.

Each of these discovery tools has its own rules, timelines, and strategic advantages. Used properly, they allow attorneys to gather evidence necessary to support their case or challenge the other side’s claims. If you’re involved in a Maryland civil case, understanding the discovery process can help you feel more prepared and informed as your case moves forward. When in doubt, you should consult an attorney to ensure that discovery is conducted properly and that your rights and obligations under the Maryland Rules are protected.

by Samantha Chan

Maryland Codifies Child Custody Considerations

Maryland’s family law just got a significant update. With the passage of House Bill 1191, which goes into effect on October 1, 2025, child custody decisions in Maryland courts will follow a clearly defined set of statutory factors, with hopes of bringing transparency and consistency to a process that has historically relied on case law and judicial discretion.

What Changed?

For the first time, Maryland has codified a comprehensive list of factors that courts may consider when determining legal and physical custody in the best interest of a child. These factors appear in the new Subtitle 2 – Legal and Physical Custody – Judicial Determinations section of the Family Law Article.

Among the 16 listed considerations, here are some of the most impactful:

• “Stability and the foreseeable health and welfare of the child”
• “The child’s physical and emotional security and protection from exposure to conflict and violence”
• “The developmental needs of the child, including physical safety, emotional security, and cognitive growth”
• “How to place the child’s needs above the parents’ needs and maintain important relationships”
• “Each parent’s role and how it may have changed”
• “The child’s preference, if age-appropriate”

Modification Standards Also Clarified

Under the revised §9–202, courts may modify custody orders if there has been a material change in circumstances affecting the child’s needs. Notably, a parent’s proposal to relocate—if it makes the current custody order unworkable—automatically qualifies as a material change.

Why It Matters

This statute brings long-overdue clarity to Maryland’s custody determinations. By outlining specific factors, HB 1191 empowers courts to make more consistent, child-centered decisions and provides parents with greater predictability in custody proceedings.

If you’re involved in a custody matter or considering a modification, the experienced family law attorneys at Lewicky, O’Connor, Hunt & Meiser are here to guide you through every step of the process.