interesting article

[terminatedone]

What is the name of your state (only U.S. law)? pa


Municipal Judge Moss is trying to determine whether Coyle had valid housing-inspection licenses when he tried to evict tenants in court. These licenses are legally required for each property in order for a landlord to collect rent and/or evict tenants.

would like to see the outcome since this could have a big impact on anyone that owns a home and rents it out and does not follow the codes in the local town or city.

philly.com: Philadelphia local news, sports, jobs, cars, homes is where the article is.

 

[atomizer]

Most small towns in PA don't have that requirement.

 

[terminatedone]

I tend to disagree. I have found this on 15 different town websites:

No person, firm or corporation owning, managing, conducting and/or operating a dwelling unit(s) shall rent, lease, let out or permit the same to be occupied without first securing the following:

(1) An annual certificate of use for each occupied dwelling unit issued pursuant to this chapter and other applicable ordinances, regulations and/or rules enacted by the municipality.
(2) A certificate of use for every vacant dwelling unit issued pursuant to this chapter and other applicable ordinances, regulations and/or rules enacted by this municipality.
B. A new certificate of use shall be required whenever there is a change in ownership of the property or whenever there is a change of leasee(s).


of course there is a fee charged for this permit or certificate.

 

[wrongsometimes]

I tend to disagree. I have found this on 15 different town websites:

No person, firm or corporation owning, managing, conducting and/or operating a dwelling unit(s) shall rent, lease, let out or permit the same to be occupied without first securing the following:

(1) An annual certificate of use for each occupied dwelling unit issued pursuant to this chapter and other applicable ordinances, regulations and/or rules enacted by the municipality.
(2) A certificate of use for every vacant dwelling unit issued pursuant to this chapter and other applicable ordinances, regulations and/or rules enacted by this municipality.
B. A new certificate of use shall be required whenever there is a change in ownership of the property or whenever there is a change of leasee(s).


of course there is a fee charged for this permit or certificate.

Its likely that what the OP states is a little but off the mark, but basically accurate.

The judge will examine the question of: If a company does not complete the requirements for a business then do they lose their ability to be a plaintiff. Maybe similar to a business that does not register with the state.

I would think the outcome would be that performing the requirements will not preclude the business from being a plaintiff -- my guess.

 

[Zigner]

Its likely that what the OP states is a little but off the mark, but basically accurate.

The judge will examine the question of: If a company does not complete the requirements for a business then do they lose their ability to be a plaintiff. Maybe similar to a business that does not register with the state.

I would think the outcome would be that performing the requirements will not preclude the business from being a plaintiff -- my guess.

With all due respect (yeah I know...that means none), your guesses are full of brown bovine excrement. Then again, so are your sureties...

 

[terminatedone]

would those tenants have the right to sue to get their rent back? hypotetical, but what would the tenants have the right to get back?

 

[atomizer]

This is all about the money. LL will be required to get permit and pay fines before he can evict. Big cities always target landlords when they over spend.

 

[terminatedone]

but what about those tenants? don't they have rights to? yea ok LL can get the permits or whatever (as long as they pass all the code enforcements too)

 

[atomizer]

What does a permit have to do with an eviction? For all you know it could have been an excellent home.

 

[OK-LL]

would those tenants have the right to sue to get their rent back? hypotetical, but what would the tenants have the right to get back?

I don't understand -- in what way was the tenant who wants his rent back harmed? He had a roof over his head for a month and paid for that month. Why would he want his rent back and what would be the reasoning for it?

 

[terminatedone]

i guess the point is, the landlord did not acquire the proper permit, license or certificate to be a landlord and have the property in question approved as a rental property. if it is determined that the landlord violated local laws, what right does the tenant have?

These licenses are legally required for each property in order for a landlord to collect rent and/or evict tenants.

so without that license, then the landlord does not have the legal right to collect rent?

 

[atomizer]

Easy remedy,pay the cities fee for doing nothing and evict tenant.

 

[terminatedone]

i know this is a free advice forum, but it appears to be very Landlord friendly. what about the tenants? don't they have rights too? regardless it being the rent, WHAT Rights do the tenants have in this situation? It appears it is ok for the Landlord to break the law at the expense of the tenants? this does not seem right or fair and I know nothing is fair. AND I AM NOT A LOSER! I am just asking questions!

 

[Gail in Georgia]

How is a tenant suffering because a landlord does not have an annual certificate or permit?

Gail

 

[atomizer]

Ok, look at it this way. Let's say you have a good tenant in a good home, how has the tenant been wrong? Now if the tenant has been living in a less than ideal home and there are many with or without permits, why should all the rent be returned when nobody knows who is responsible for the code violations? Not all the reasons for failing an inspection can be attributed to the LL. The remedy is a fine and an inspection to be ordered for the LL. Not a free ride for the tenant. You seem to be stuck on this mentality that someone should profit someone else's mistake or bad judgment.