Can I win a money judgement against my landlord for the rent he illegally obtained from me while his renter’s license was expired?

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Can I win a money judgement against my landlord for the rent he illegally obtained from me while his renter’s license was expired?

Asked on January 11, 2012 under Real Estate Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not you can win a monetary judgment against your landlord for rent he collected from you when his renter's license was expired and where he could not rent out the unit depends upon a careful reading of the local ordinance requiring a renter's license and not having it.

Ultimately, it will be up to the judge hearing the case to make the decision whether or not you are entitled to the rents back. There is an appellate case in California holding that a landlord cannot collect rents from his tenants for an illegal rental.

From what you have written, there seems to be a decent chance for you to get your rents paid back from your landlord for the absence of a current renter's license.


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