Legal Question in Landlord & Tenant Law in Massachusetts

For the past 3 years we have been struggling with nightmare tenants in our home in Massachusetts while we live on the West Coast. The story is much too long to detail here, but my question involves appealing a court ruling.

In March, we took them to court to evict and collect back rent (We were being represented by the professional property manager whom handles the property, and an attorney.) At the time they owed us $12,000 in overdue rent, and they are on a month-to-month rental agreement.

Despite a shocking amount of evidence in our favor, it was not presented, the tenants lied extensively and were barely contested. The judge found in the tenant's favor, awarding them $8000 in damages. After reviewing the court transcripts discussing the case with our new lawyer, we feel that the original attorney was grossly negligent and is the sole reason we lost the case.

We have filed for appeal, but our current attorney has informed us that we will never win an appeal, because appealing the case is specifically claiming that the JUDGE made a mistake in his decision, and in this case, the judge did not make a mistake, based upon the information he had.

Even we, as plaintiffs agree, that based upon the information he had, he probably made the a logical and lawful decision.

We feel horribly victimized as landlords, by both the court and the tenants as well as the attorney that was representing us, and do not believe there would be any chance what-so-ever that we would lose the case, had it been presented properly.

Is there really no chance to win an appeal? Is it true that the appeal only contests the judge's decision and will not give us an opportunity to properly present our side?

Thank you for your time.

-Troy


Asked on 6/11/11, 9:17 pm

1 Answer from Attorneys

Your attorney is correct. The failure to present the necessary evidence is not likely to be overturned. The only possible grounds is adequate counsel, and I doubt that will work.

You may have a legal malpractice claim against the attorney and a claim against the property manager. I do not do malpractice cases but I can refer you to someone who does if your present legal counsel does not handle such matters.

Read more
Answered on 6/12/11, 8:50 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Massachusetts