Tenant's Appeal Dismissed | Shyler Engel, PLLC

July 20, 2015
A Shyler Engel, PLLC commercial landlord client had a prominent tenant with a host of lawyers who believed that they wouldn’t have to pay rent because the landlord allegedly had not maintained the commercial space the exact way that the tenant had wanted. Normally, when a landlord sues a tenant for non-payment of rent, an agreement to stay and pay or a period of time to leave voluntarily is reached, but in this case, when we sued the tenant to take back possession of the property for non-payment of rent, the tenant and his lawyers sought a trial. The tenant is entitled to a summary proceedings hearing by law, but at that hearing, we demonstrated that the Landlord was in its right for a number of reasons to regain possession of the property. The district court judge agreed and ordered possession of the property back to the landlord and a money judgment against the tenant. Again, normally that would be the end of the matter, but not in this case. The tenant appealed to the circuit court and a number of other procedural steps were taken to delay the eviction, but diligently, we ensured that the tenant would have to post nearly a $20,000 appeal bond to ensure our client was protected after the tenant lost in circuit court. When it came time to oral argument, the circuit court judge read nearly verbatim from our brief supporting dismissal of the appeal and the tenant’s appeal was dismissed in favor of our client.