Part I. Complex Office Memo - Original Issue Statements

Copy/paste both legal issue statements/questions from your Complex Office Memo that was reviewed earlier and put them under this heading.

Part II. Advocacy Memo - Questions Presented

Rewrite/edit both of your original issue statements (posted above in Part I) to transform both into Questions Presented for your advocacy memo.

Place the Questions Presented for your advocacy memo under this heading.

Part III. Argument - Opening Sentences for Each Argument

Based upon your questions presented for the advocacy memo (posted above in Part II), transform both questions into the first sentence for each argument for each issue for the advocacy memo.

Place both first sentences for each argument under this heading.

Memo below

RE: Complex Office Memo

Facts:

Sherman Helmsley is the landlord of a residential apartment leased to Lemmonaid, a tenant. Lemmonaid purportedly assigned her lease agreement to Emily Folly, who is residing in the apartment and has been making rent payments to Helmsley. Furthermore, Folly is baking and selling pies within the apartment, potentially in violation of the lease agreement.

Issue #1:

Issue Statement #1: Did Sherman Helmsley's acceptance of rent payments from Emily Folly constitute Helmsley's acknowledgement of Lemmonaid's assignment of the lease agreement to Folly, subjecting her to the terms of Lemmonaid's lease?

Short Answer #1: Yes, Helmsley's acceptance of rent payments from Folly may constitute an acknowledgment of Lemmonaid's assignment, subjecting Folly to the terms of Lemmonaid's lease.

Analysis #1:

To determine whether Helmsley's acceptance of rent payments from Folly acknowledges the assignment of the lease, we must consider relevant legal resources, including the West's Annotated Code of Maryland, Real Property 8-402.1. This statute governs proceedings upon breach of lease and may provide insights into the consequences of an assignment.

Additionally, we should consider the case law, particularly the case of Jack O. Chertkof, Trustee v. The Southland Corporation et al., 280 Md. 1, which addresses issues related to lease assignments and the acknowledgment of such assignments by landlords.

In the Chertkof case, the court ruled that the landlord's acceptance of rent from the assignee may constitute acknowledgment of the assignment, subjecting the assignee to the terms of the original lease. This case's common reasoning and holding can be applied to the current situation, suggesting that Folly may be subject to Lemmonaid's lease terms.

Counter-Argument #1:

One could argue that the acceptance of rent payments does not necessarily acknowledge the assignment of the lease, as it may merely be a matter of convenience for Helmsley. Furthermore, Folly and Lemmonaid could have a separate agreement that differs from the original lease.

Rebuttal #1:

However, a rebuttal to this counter-argument would be that the Chertkof case establishes a precedent where acceptance of rent payments is seen as an acknowledgment. Additionally, if Folly and Lemmonaid had a separate agreement, it should have been communicated to Helmsley, and the legal presumption remains in favor of applying the terms of the original lease.

Conclusion #1:

Based on the legal resources and the precedent set in the Chertkof case, it is likely that Sherman Helmsley's acceptance of rent payments from Emily Folly constitutes an acknowledgment of Lemmonaid's assignment of the lease agreement to Folly. Consequently, Folly may be subject to the terms of Lemmonaid's lease.

Issue #2:

Issue Statement #2: Assuming a lease agreement exists between Sherman Helmsley and Emily Folly, whether Folly's baking pies for sale in the apartment constitutes commercial use of the premises in violation of the lease agreement for a private residence, entitling Helmsley to repossession of the premises?

Short Answer #2: If a lease agreement exists between Sherman Helmsley and Emily Folly, Folly's commercial use of the apartment may constitute a violation of the lease agreement, potentially entitling Helmsley to repossession of the premises.

Analysis #2:

To determine whether Folly's commercial use of the apartment violates the lease agreement, we must consider the relevant statute and case law, particularly West's Annotated Code of Maryland, Real Property 8-402.1, and the case of La Belle Epoque, LLC, et al. v. Old Europe Antique Manor, LLC, et al., 406 Md. 194.

The statute provides guidelines on proceedings upon breach of lease, and the La Belle Epoque case addresses issues related to the use of leased premises for commercial purposes.

Applying the law, if the lease agreement prohibits commercial use of the premises, Folly's baking and selling pies for profit within the apartment would likely constitute a violation.

Counter-Argument #2:

A counter-argument could be made that Folly's pie-baking activities do not qualify as a commercial use of the premises, but rather as a hobby or personal endeavor, especially if it doesn't cause any substantial disruption to the residential environment.

Rebuttal #2:

In response to this counter-argument, we can reference the case of La Belle Epoque, which addresses the interpretation of "commercial use" in lease agreements. If Folly's activities generate income and involve regular business operations within the apartment, it is more likely to be considered a commercial use, even if it is on a smaller scale.

Conclusion #2:

If a lease agreement exists between Sherman Helmsley and Emily Folly, and if that lease agreement prohibits commercial use of the premises, Folly's baking and selling of pies for profit within the apartment may indeed constitute a violation of the lease agreement, entitling Helmsley to repossession of the premises.

This complex office memo addresses the key legal questions surrounding Sherman Helmsley, Emily Folly, and their lease agreement, considering the acknowledgment of lease assignment and potential violations of the lease terms. The analysis has drawn upon relevant legal resources and case law to support the conclusions reached.

References

Wilson Lyon Grubb v. Guilford Association, Inc., 228 Md. 135

Westlaw Annotated Code of Maryland, Real Property 8-402.1

Jack O. Chertkof, Trustee v. The Southland Corporation et al., 280 Md. 1

La Belle Epoque, LLC, et al. v. Old Europe Antique Manor, LLC, et al., 406 Md. 194