Saturday, November 14, 2020

LT - L's failure to get required use/occupancy permit did not give former tenant right to counterclaim for past rent paid

Aspen Enterprises v. Thomas – Pa. Superior Court – 11-5-20 – unreported** memorandum opinion

 

Held: Former landlord sued for past rent due and damages to the premises by former tenant.  Court dismissed tenant’s counterclaim for rent already paid dismissed, in spite of landlord’s failure to get a use/occupancy permit from City of Chester under ordinance which “denied the right to recover possession. . .or to collect rent during any period of noncompliance” with ordinance.  Frempong v. Richardson, 209 A3d 1001 (Pa. Super. 2019), concerning similar Philadelphia ordinance, distinguished.

 

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This case is also reported in the PLAN Legal Update  http://planupdate.blogspot.com/ , which is searchable and can be accessed without a password.

 

*An unreported, non-precedential Superior Court case decided after May 1, 2019, may be cited for its persuasive value, but it is not binding precedent.  See 210 Pa. Code 65.37(B).