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What recourse do I have as a landlord when I take my tenant to court for non payment of rent and they win?

Ellicott City, MD |

My tenant did not pay the rent in MD and my PM took them to court on my behalf as I am stationed overseas. Despite receiving the rent check late it is the PM's policy to demand a cashiers or bank check for the rent and file in the circuit court. The tenant with no history of late payment, in what I believe in stubbornness, did not pay and went to court. The outcome was in favor of the tenant and according to the PM has never happened in their 30 years of business. Apparently the judge was ruling in favor of several tenants that day and waiving their obligation for rent despite very lame excuses and stupidity on tenants parts. My PM feels the judge was woefully wrong and wants to pursue the case in appeal which of course requires a lawyer and perhaps considerable expense. What should I do?

Attorney Answers 2

  1. If tenant is paying rent now, why spend money to fight the battle again? Judge was wrong but who cares. You want rent to be paid on time. If it is, you are fine with this tenant. If they do not pay you can file another eviction.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

  2. If the tenant paid the rent, I don't think it is worth the time and expense to appeal the judgment, even if it was wrong. You may want to consider modifying your contract with the property management company or handling your own rent issues in the future.