Suing for non payment of rent as an LLC

[Bill Ames]

Hello all. I currently have a tenant that moved in last Feb and from the beginning decided that they weren't going to pay rent and has avoided communicating with us. This was before COVID fully turned into the mess it is now. We received partial payment after the first stimulus check was given out and haven't seen a dime since. My property management company has taken then to court several times for non payment and has even received a no right of redemption ruling. When we attempted last time to get the eviction orders the tenant showed up to court and showed that at some point she had COVID and was only working part time. Long story short the judge did not grant us the right to evict.

Now for the real question... This property is in an LLC. I have received conflicting information on the ability for me to sue when the time comes. I have been told that because the property is in an LLC I must have council to sue for the non payment. When I approached my local court systems self help system to get clarification they could not talk to me because I have an LLC. This would take place in a Maryland district court.

Any help or clarification is appreciated

[Tom Gimer]

This is covered in Maryland District Court Rule 3-131... an entity has to be represented by counsel.

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(a) By an Attorney or in Proper Person. Except as otherwise provided by rule or statute: (1) an individual may enter an appearance by an attorney or in proper person and (2) a person other than an individual may enter an appearance only by an attorney.

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There are some exceptions... such as law school students assisting those in need, etc. but none of them allow an entity to be represented by a principal, unless the principal is a licensed attorney. To do so would be the unauthorized practice of law.