CHARLESTON – Branch Banking & Trust is suing a Charleston law firm after it claims the law firm failed to vacate the premises of a building owed by the bank.


R. Michael Martin and Michael Martin & Associates were both named as defendants in the suit.


On Dec. 1, 2002, BB&T and the defendants entered into a month-to-month lease for approximately 1,000 square feet of space and the defendants have since occupied the leased premises, according to a complaint filed Feb. 4 in Kanawha Circuit Court.


BB&T claims on Oct. 21, it noticed the defendants that the lease would be terminated on Nov. 30, however the defendants failed to vacate the premises.


Martin, in violation of the notice to vacate, in unlawfully withholding possession of the leased premises to BB&T, according to the suit.


BB&T claims Martin's monthly rent was $1,125 and was due on the first of every month.


Martin has not made a rent payment since Sept. 19 and is in arrears for October, November, December and January, according to the suit.


BB&T claims Martin's occupation of the leased premises beyond the termination of the lease is subject to a rental rate of $2,250 per month and that Martin owes a total of $7,500 in overdue rent and associated fees.


BB&T is seeking an order granting immediate possession of the premises and for the court to enter a judgment in favor of BB&T against Martin for all delinquent rent, late fees and all other monies to which BB&T may be entitled.


It is being represented by James Matthew Davis of Jackson Kelly PLLC.


The case is assigned to Circuit Judge Charles King.


Kanawha Circuit Court case number: 15-C-267

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