BERYS LAW | Business, Real Estate, Wills/Trusts

Leasing a commercial property comes with responsibilities for both tenants and landlords. One of the landlord’s key obligations is to maintain the property and ensure it remains in a safe and functional condition. However, there are instances where landlords fail to make necessary repairs, causing inconvenience and potential financial loss to tenants. If you find yourself in this situation, here are the steps you can take to address the issue effectively.

1. Review Your Lease Agreement

The first step in resolving any repair dispute is to review your lease agreement carefully. The lease should outline the landlord’s obligations regarding maintenance and repairs, as well as the tenant’s responsibilities. Understanding these terms will help you determine whether the landlord is in breach of contract.

2. Notify the Landlord in Writing

If you identify a necessary repair, inform your landlord in writing as soon as possible. Clearly describe the issue, its impact on your business, and r...

Business partnerships, like any relationship, can experience conflicts. Disagreements over finances, responsibilities, or company direction can arise, threatening the stability of the business. While litigation is an option, it is often costly and time-consuming. Instead, partners should explore alternative methods to resolve disputes efficiently and amicably. Here are key strategies to handle business partnership disputes without going to court.

1. Establish Clear Communication

Effective communication is the foundation of conflict resolution. Partners should set aside emotions and engage in open and honest discussions. Scheduling a private meeting to address concerns calmly and professionally can often prevent conflicts from escalating. Using active listening techniques and focusing on solutions rather than blame fosters a cooperative atmosphere.

2. Refer to the Partnership Agreement

A well-drafted partnership agreement outlines each partner’s rights, responsibilities, and dispute...

Buying a home is one of the most significant financial decisions a person can make. However, circumstances can change, and you may find yourself needing to back out of an offer. While backing out of a house offer is possible, it must be done legally to avoid financial and legal consequences. Here’s what you need to know about legally withdrawing from a home purchase agreement.

1. Understanding the Purchase Agreement

A purchase agreement is a legally binding contract between a buyer and a seller. Once both parties sign the contract, the buyer is typically obligated to proceed with the purchase unless specific conditions allow them to exit. Understanding the terms of your agreement is crucial in determining if and how you can back out.

2. Contingencies That Allow Buyers to Back Out

Most purchase agreements include contingencies—specific conditions that must be met for the sale to go through. If a contingency is not satisfied, the buyer can legally withdraw from the contract without...

Scaling a small business is an exciting milestone, but it also comes with legal challenges that entrepreneurs must navigate carefully. From business structure adjustments to compliance and contracts, understanding the legal aspects of growth can protect your company and ensure long-term success. Here’s what you need to know about the legal side of scaling your small business.

1. Choosing the Right Business Structure

As your business grows, your initial legal structure may no longer be the best fit. Many small businesses start as sole proprietorships or partnerships, but scaling may require transitioning to an LLC (Limited Liability Company) or corporation. These structures provide legal protections, tax benefits, and credibility that can support business expansion.

LLC (Limited Liability Company): Offers liability protection while maintaining flexibility in management and taxation.

Corporation: Provides strong liability protection and is ideal for attracting investors but involve...

Hiring your first employee is a significant milestone for any business, but it also comes with a host of legal responsibilities. Ensuring compliance with federal, state, and local laws is crucial to avoid penalties, lawsuits, and other complications. Here are the key legal steps to take before bringing your first employee on board.

1. Obtain an Employer Identification Number (EIN)

An Employer Identification Number (EIN), also known as a Federal Tax Identification Number, is required for businesses that hire employees. You can apply for an EIN for free through the Internal Revenue Service (IRS) website. This number is used for tax reporting purposes and is essential for filing employment taxes.

2. Register with State Labor and Tax Agencies

In addition to federal requirements, you must register with your state’s labor and tax agencies. This typically involves setting up an account to pay state unemployment insurance taxes and workers’ compensation insurance. Each state has its own re...

Disputes with vendors or suppliers are an inevitable part of running a business. Whether it’s a disagreement over contract terms, delivery delays, product quality, or payment issues, these conflicts can disrupt operations and strain relationships. However, handling disputes legally and professionally can help protect your business interests while maintaining positive vendor relationships. Here’s a step-by-step guide to resolving disputes with vendors or suppliers in a lawful and effective manner.

1. Review the Contract

The first step in resolving any dispute is to carefully review the contract or agreement between you and the vendor. Contracts typically outline the terms of the relationship, including delivery schedules, payment terms, quality standards, and dispute resolution mechanisms. Look for clauses related to breach of contract, warranties, indemnification, and termination. Understanding your legal rights and obligations is crucial before taking any action.

2. Communicate C...

A business loan agreement is a critical document that outlines the terms of a loan between a lender and a borrower. Whether you are a startup seeking capital or an established business looking for expansion funds, understanding the legal implications of a loan agreement is essential. While it is possible to navigate the process without legal assistance, hiring a lawyer can provide significant advantages. Here’s why legal counsel might be necessary when dealing with a business loan agreement.

Understanding the Complexity of Loan Agreements

Business loan agreements are often complex and filled with legal jargon. They include clauses covering interest rates, repayment terms, default penalties, and collateral requirements. A lawyer can help interpret these terms, ensuring you fully understand your obligations and rights. Misinterpreting or overlooking a clause could result in costly mistakes.

Negotiating Favorable Terms

Loan agreements are usually drafted in favor of the lender. If you...

A partnership agreement is a legally binding document that outlines the terms and conditions of a business partnership. It serves to prevent misunderstandings, define responsibilities, and provide solutions for potential disputes. To ensure that your partnership agreement is ironclad and protects all parties involved, follow these essential steps.

1. Define the Business Structure and Objectives

The agreement should clearly state the business’s name, purpose, and structure. Define whether the partnership is a general partnership (GP), limited partnership (LP), or limited liability partnership (LLP). Establishing objectives ensures that all partners are aligned on the company’s mission and long-term goals.

2. Outline the Roles and Responsibilities of Each Partner

Clearly define each partner’s role, duties, and authority within the company. Specify decision-making responsibilities, management roles, and operational duties to prevent conflicts over leadership and accountability.

3. Es...

As a landlord, renting out property comes with many responsibilities, including ensuring a safe living environment for tenants. However, accidents can happen, and when a tenant is injured on the premises, the question of landlord liability arises. Understanding when a landlord is legally responsible for a tenant’s injury is crucial for both property owners and renters.

General Principles of Landlord Liability

Landlords are not automatically liable for every injury that occurs on their property. Instead, their liability depends on factors such as negligence, duty of care, and adherence to landlord-tenant laws. In general, a landlord can be held responsible if the injury resulted from unsafe conditions that the landlord knew or should have known about and failed to address.

Common Situations Where a Landlord May Be Liable

Several scenarios can make a landlord legally responsible for a tenant’s injury:

Failure to Maintain the Property

Landlords have a duty to maintain the premises...

In today’s digital age, our lives are increasingly intertwined with online platforms, from social media accounts and email to cryptocurrency wallets and cloud storage. While traditional estate planning focuses on physical and financial assets, the question of what happens to your digital assets after your passing is equally important. Without proper planning, these assets could be lost, inaccessible, or even misused. Estate planning for digital assets ensures that your online presence is managed according to your wishes and that your loved ones can access critical accounts when needed.

What Are Digital Assets?

Digital assets encompass a broad range of online accounts and electronic records, including:

• Social media accounts (Facebook, Instagram, Twitter, LinkedIn)
• Email accounts (Gmail, Yahoo, Outlook)
• Cloud storage (Google Drive, Dropbox, iCloud)
• Online banking and investment accounts
• Cryptocurrencies and digital wallets (Bitcoin, Ethereum, PayPal, Venmo)
• Digital subscription...